Agenda packet, first session — Los Gatos City Council, March 4, 2025 (part 2 of 7)

ITEM NO. 6.

Tow of Los Gatos
Tyler Technologies, Inc. Page | 46
Additional Appendices
EnerGov Definitions
“Template Business Transactions”
 A pre-defined and pre-configured EnerGov business process from EnerGov’s “Best Management Template”.
 The following modifications to Template Business Transactions are considered within scope:
o Any changes to required inspections within the workflow o Any changes to the required plan reviews within the workflow o Adding up to 2 additional actions to the workflow
o Configuration of fees, allowing creation of up to 3 new fees to accommodate o Any changes to custom field layouts that are directly related to fees or included reports  Customization/Configuration of any of these parameters beyond the scope listed above will require the respective business process to be considered a “Unique Business Transaction”, as described below.

Note: All transaction counts are quantified in the comments of the Investment Summary. “Unique Business Transactions”
 Unique configuration of workflow or business process steps & actions, including output actions  Unique Fee configuration
 Unique Custom field configuration
“Geo-Rules”
 An automation event that references GIS data. Current geo-rule action types are:

Alert Displays a pop-up with a custom message to the user, notifying them of certain spatial data (i.e., noise abatement zones; flood zones; etc.).

Block Places a block on the case and prevents any progress or updates from occurring on the record (i.e., no status changes can be completed, no fees can be paid, the workflow cannot be managed, etc.) Block with
Override
Places a block on the case and prevents any progress or updates from occurring on the record (i.e., no status changes can be completed, no fees can be paid, the workflow cannot be managed, etc.) However, the block can be overridden by end-users who have been given the proper securities.

Fee Date Populates the CPI vesting date on the record if vesting maps are used by the jurisdiction.

Field Mapping A custom field or any field inherentin the EnerGov application can automatically populate with information based on spatial data.

Required Action A workflow action can automatically populate in the workflow details for the particular record (i.e., plan, permit, code case, etc.) that requires the action based on certain spatial data related to the case.

Required Step A workflow step can automatically populate in the workflow details for the particular record (i.e., plan, permit, code case, etc.) that requires the step based on certain spatial data related to the case.

Zone Mapping The zone(s) automatically populate on the “Zones” tab of the record (i.e., plan, permit, code case, etc.).

Exhibit E

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ITEM NO. 6.

Tow of Los Gatos
Tyler Technologies, Inc. Page | 47
“Automation Events”
“Intelligent Objects (IO)”
 Key components for automatically and reactively triggering geo-rules, computing fees, and generating emails, alerts, and other notifications.
“Intelligent Automation Agents (IAA)”
 A tool designed to automate task in a proactive manner by setting values and generating emails and other tasks. On a nightly basis, a Windows service sweeps the EnerGov system looking for IAA tasks that need to be run, then the associated actions are performed. The IAA does not generate alerts or errors. Custom SQL queries are not Tyler deliverables.
“EnerGov SDK/API (Toolkits)”
 APIs developed by Tyler Technologies for extending the EnerGov Framework and functionality to external agencies and systems. Full documentation is available for each toolkit upon request.

Note: The EnerGov toolkits and related documentation are simply tools that allow clients to create applications and integrations. The purchase of a toolkit/API does not imply any development related services from Tyler Technologies. The Los Gatos is responsible for working with their IT staff and VARs to develop any necessary applications and integrations except as otherwise noted in the Investment Summary or for any “in-scope” integrations.

Tyler and Client Work Split Assumptions
Increased Work Split Hours
Additional hours were purchased in this contract to increase the work split from the standard 30% Tyler work effort. Clients have different needs and there are different ways the allocation of these hours can benefit the project. We will work with the client project manager during the planning sessions and project plan development to determine the best use of these hours. Common areas additional hours are used are:
 Configuration
o Setting and Code configuration
o Security and Workflow Building
 Data Conversion
o Conversion Mapping
o Conversion Proofing
o Conversion Testing
o Imports in lieu of conversion
 Formatting files
 Building custom templates
 Testing imports/Data validation
 Training/Documentation
o Additional repeat process training
o Post Live Assistance
 Bank Reconciliation assistance for additional months
 Month-end assistance for additional months
Exhibit E

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ITEM NO. 6.

Tow of Los Gatos
Tyler Technologies, Inc. Page | 48
 Year-end assistance for multiple years
 W-2/1099 processing for multiple years
o Job aides/quick reference guides
o End user training documentation
 Testing
o Additional parallel processing
o Test script building
o Integration Testing
 Import/Export template building
 Import testing
 Process validation/documentation
All clients have unique needs on a project. By defining the use of these hours during project planning, we have the flexibility to determine the greatest needs of your organization and plan accordingly. At any point in the project, we can revisit the use of these hours and adjust content as needed to support the success of the project.

Intentionally left blank.

Exhibit E

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ITEM NO. 6.

Tow of Los Gatos
Tyler Technologies, Inc. Page | 49
Project Timeline
ERP Project Timeline
The Project Timeline establishes a target start and end date for each Phase of the Project. The timeline needs to account for resource availability, business goals, size and complexity of the Project, and task duration requirements. These will be reviewed and adjusted, if needed, during the Initiate and Plan Stage. Refer to the Project Stages section of this SOW for information on work packages associated with each stage of the implementation.

The following dates may be revised based on the date the Agreement is signed and further refined during the course of the project. Tyler requires up to forty-five (45) days to move from Agreement signing to the Initiate & Plan Stage.

Phase Functional Areas Modules Start Date Go-Live
Date
1 Financials  Accounting General Ledger
 Accounts Payable
 Bid Management
 Budgeting
 Capital Assets
 Cash Management
 Contract Management
 Project & Grant Accounting
 Purchasing
 eProcurement
 Accounts Receivable
 General Billing
 Tyler Cashiering
July 2022 July 2023
System Wide  Munis Analytics & Reporting
o Tyler Reporting Services
o Munis Office
o HUB
Exhibit E

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ITEM NO. 6.

Tow of Los Gatos
Tyler Technologies, Inc. Page | 50
Phase Functional Areas Modules Start Date Go-Live
Date
 Tyler ReadyForms Processing
 Tyler Content Manager SE
2 Human Capital
Management
 Payroll w/Employee Self Service
 HR & Talent Management
 Employee Expense Reimbursement
 Executime Time and Attendance
 Employee Expense Reimbursement
January
2023
October
2023
3 Executime
Advanced
Scheduling
 Executime Advanced Scheduling December
2023
September
2024
4 Business Licenses
and Citizen Self
Service
 Business Licenses
 Citizen Self-Service
June 2023 June 2024

Exhibit E

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ITEM NO. 6.

DocuSign Envelope ID: 2B896612-EB67-4597-80A6-FF1 C0F61F77B

AMENDMENT
This amendment ("Amendment") is effective as of the date of signature of the last party to sign as indicated below ("Amendment Effective Date"), by and between Tyler Technologies, Inc. with offices at One Tyler Drive, Yarmouth, Maine 04096 ("Tyler") and the Town of Los Gatos, with offices at 110 East Main Street, Los Gatos, California 95030 ("Client").

WHEREAS, Tyler and the Client are parties to an agreement dated June 30, 2022 ("Agreement"); and WHEREAS, Tyler and Client desire to amend the terms of the Agreement as provided herein.

NOW THEREFORE, in consideration of the mutual promises hereinafter contained, Tyler and the Client agree as follows:

1. Section G(6) ("Insurance") of the Agreement is amended to add:

We agree that our insurance is primary for claims under our Commercial General Liability and Automobile Liability policies that arise out of or relate to this Agreement and are between us and you.

2. This Amendment shall be governed by and construed in accordance with the terms and conditions of the Agreement.

3. Except as expressly indicated in this Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the dates set forth below.

Tyler Technologies, Inc.
�DocuSigned by:

By: Pb&uf b,w_,i½-jUA-SUA- r94O IC0F3ESA445 ...

Name: Robert Kennedy-Jensen
Title: Group General Counsel
Date: 8/15/2022
1 Town of Los Gatos, CA
Name:Laurel Prevetti
Title: Town Manager
Date: 8/16/2022
Town Attorney
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ATTACHMENT 3

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ATTACHMENT 4

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ITEM NO. 6.
1 AMENDMENT
This amendment (“Amendment”) is effective as of the date of signature of the last party to sign as indicated below (“Amendment Effective Date”), by and between Tyler Technologies, Inc. with offices at One Tyler Drive, Yarmouth, Maine 04096 (“Tyler”) and the Town of Los Gatos, California, with offices at 110 E. Main Street, Los Gatos, California 95030 (“Client”).

WHEREAS, Tyler and Client are parties to an agreement dated June 30, 2022 (“Agreement”); and WHEREAS, Tyler and Client desire to amend the terms of the Agreement as provided herein.

NOW THEREFORE, in consideration of the mutual promises hereinafter contained, Tyler and Client agree as follows:

1. Bid Management, Contract Management, Business Licenses. a. The following Tyler Software as a Service (SaaS) are hereby removed from the Agreement as of July 1, 2024:

Bid Management ($2,242/year)
Contract Management ($2,226/year)
Business Licenses ($4,401/year)
b. As of such date, Client’s right to access the above-listed software is terminated, as are Tyler’s obligations to maintain, support, host and update such software. c. Additionally, Client’s SaaS fees payment obligation for the above-listed software ends on the same date.

2. Project Timeline. Exhibit E (Statement of Work), Section 11.1, is hereby amended as follows:

Phase 1, Financials
Start Date – July 2022
Go-Live Date – February 2025
Phase 2, Human Capital Management
Start Date – January 2023
Go-Live Date – February 2025

3. The items set forth in the sales quotations attached as Exhibit 1 to this Amendment are hereby added to the Agreement as of the first day of the first month following the Amendment Effective Date and, notwithstanding anything to the contrary in Exhibit 1, ending coterminous with the SaaS Term as defined in the Agreement. Payment of fees and costs for such items shall conform to the following terms:

ATTACHMENT 1

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ITEM NO. 6.
2 a. SaaS Fees. As of the first day of the first month following the Amendment Effective Date, the annual SaaS fees payable under the Agreement shall be increased by $7,599, with a quarterly payment increase of $1,899.75. Subsequent SaaS Fees shall be invoiced in accordance with the terms of the Agreement.
b. Transaction Fees. Unless paid directly by an end user at the time of transaction, per transaction (call, message, etc.) fees are invoiced on a quarterly basis. Fees are indicated in the Investment Summary and may be increased by Tyler upon notice of no less than thirty (30) days.
c. Services Fees & Expenses. Services added to the Agreement pursuant to this Amendment, along with applicable expenses, shall be invoiced as provided and/or incurred.
d. Hardware Fees. Fees for Hardware are due on delivery of the respective Hardware. e. Hardware Maintenance Fees. The first year maintenance fee for Hardware is invoiced upon delivery of the hardware. Subsequent annual maintenance fees for hardware are invoiced annually, in advance, at then-current rates, upon each anniversary thereof.

4. The cost for the “5yr Detailed GL History Conversion” is hereby changed from $30,000 to $25,000.

5. This Amendment shall be governed by and construed in accordance with the terms and conditions of the Agreement.

6. Except as expressly indicated in this Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the dates set forth below.

Tyler Technologies, Inc. Town of Los Gatos, California
By: By:

Name: Name:

Title: Title:

Date: Date:

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ITEM NO. 6.

Exhibit 1
1 Exhibit 1
Amendment Investment Summary
The following Investment Summary details the software, products, and services to be delivered by us to you under the Agreement. This Investment Summary is effective as of the Effective Date, despite any expiration date in the Investment Summary that may have lapsed as of the Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement. In the event of conflict between the Agreement and terms in the Comments section of this Investment Summary, the language in the Agreement will prevail.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

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ITEM NO. 6.
2024-470348-L6Y4G3 CONFIDENTIAL Page 1
Quoted By: Jennifer Wahlbrink
Quote Expiration: 10/28/24
Quote Name: Town of Los Gatos - ERP - Tyler
Payments
Quote Description: Passing model
Saas Term 1.00
Sales Quotation For: Shipping Address:

Town of Los Gatos
110 E Main St Lbby
Los Gatos CA 95030-6945
Tyler SaaS and Related Services
Description Qty Imp. Hours Annual Fee
Integrations
Cashiering API 1 40 $ 3,599.00
SnapLogic - Up to 5 Integrations 1 0 $ 4,000.00
TOTAL 40 $ 7,599.00
Professional Services
Description Quantity Unit Price Ext Discount Extended Price Maintenance Project Management 8 $ 185.00 $ 0.00 $ 1,480.00 $ 0.00
Remote Implementation 40 $ 185.00 $ 0.00 $ 7,400.00 $ 0.00 TOTAL $ 8,880.00 $ 0.00
Payments

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ITEM NO. 6.
2024-470348-L6Y4G3 CONFIDENTIAL Page 2
Use Case List Price Service % Min
Basis
Points Rate Cap POS Online IVR
Payments - Payer Card Cost - Service Fees
Enterprise ERP
Enterprise ERP Payments General Billing 3.95% $ 2.50 X X Tyler Enterprise Payments Code Enforcement 3.95% $ 2.50 X X Tyler Enterprise Payments Licenses 3.95% $ 2.50 X X
Tyler Enterprise Payments Planning 3.95% $ 2.50 X X
Tyler Enterprise Payments Permits 3.95% $ 2.50 X X
Payments - Other Fees
Enterprise ERP
Payer eCheck Cost $ 1.95
eCheck Rejects $ 5.00
Credit Card Chargebacks $ 15.00
Payer Card Cost Per card transaction with Visa, MasterCard, Discover, and American Express.

Payer eCheck Cost Per electronic check transaction.
eCheck Rejects When an eCheck transaction comes back as declined (e.g bounced check) Credit Card Chargebacks If a card payer disputes a transaction at the card issuing bank (e.g. stolen card) 3rd Party Hardware, Software and Services
Description Qty Unit Price
Unit
Discount Total Price
Unit
Maint/SaaS
Unit
Maint/SaaS
Discount
Total
Maint/SaaS
Payments Lane 7000 Terminal Purchase 1 $ 529.00 $ 0.00 $ 529.00 $ 0.00 $ 0.00 $ 0.00 Payments PCI Service Fee (Per Device) 1 $ 0.00 $ 0.00 $ 0.00 $ 180.00 $ 0.00 $ 180.00 TOTAL $ 529.00 $ 180.00
Summary One Time Fees Recurring Fees
Total Tyler License Fees $ 0.00 $ 0.00
Total SaaS $ 0.00 $ 7,599.00

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ITEM NO. 6.
2024-470348-L6Y4G3 CONFIDENTIAL Page 3
Total Tyler Services $ 8,880.00 $ 0.00
Total Third-Party Hardware, Software, Services $ 529.00 $ 180.00 Summary Total $ 9,409.00 $ 7,779.00
Contract Total $ 17,188.00
Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held For six (6) months from the Quote date or the Effective Date of the Contract, whichever is later.

Customer Approval: Date:

Print Name: P.O.#:

All Primary values quoted in US Dollars
Comments
Client agrees that items in this sales quotation are, upon Client's signature or approval of same, hereby added to the existing agreement ("Agreement") between the parties and subject to its terms. Additionally, payment for said items, as applicable but subject to any listed assumptions herein, shall conform to the following terms:
• License fees for Tyler and third party software are invoiced upon the earlier of (i) deliver of the license key or (ii) when Tyler makes such software available for download by the Client;
• Fees for hardware are invoiced upon delivery;
• Fees for year one of hardware maintenance are invoiced upon delivery of the hardware; • Annual Maintenance and Support fees, SaaS fees, Hosting fees, and Subscription fees are first payable when Tyler makes the software available for download by the Client (for Maintenance) or on the first day of the month following the date this quotation was signed (for SaaS, Hosting, and Subscription), and any such fees are prorated to align with the applicable term under the Agreement, with renewals invoiced annually thereafter in accord with the Agreement.

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ITEM NO. 6.
2024-470348-L6Y4G3 CONFIDENTIAL Page 4
• Fees for services included in this sales quotation shall be invoiced as indicated below. • Implementation and other professional services fees shall be invoiced as delivered. • Fixed-fee Business Process Consulting services shall be invoiced 50% upon delivery of the Best Practice Recommendations, by module, and 50% upon delivery of custom desktop procedures, by module. • Fixed-fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion module, and 50% upon Client acceptance to load the converted data into Live/Production environment, by conversion module. • Except as otherwise provided, other fixed price services are invoiced upon complete delivery of the service. For the avoidance of doubt, where "Project Planning Services" are provided, payment shall be invoiced upon delivery of the Implementation Planning document.

Dedicated Project Management services, if any, will be invoiced monthly in arrears, beginning on the first day of the month immediately following initiation of project planning.
• If Client has purchased any change management services, those services will be invoiced in accordance with the Agreement. • Notwithstanding anything to the contrary stated above, the following payment terms shall apply to services fees specifically for migrations: Tyler will invoice Client 50% of any Migration Fees listed above upon Client approval of the product suite migration schedule. The remaining 50%, by line item, will be billed upon the go-live of the applicable product suite. Tyler will invoice Client for any Project Management Fees listed above upon the go-live of the first product suite. Unless otherwise indicated on this Sales quotation, annual services will be invoiced in advance, for annual terms commencing on the date this sales quotation is signed by the Client. If listed annual service(s) is an addition to the same service presently existing under the Agreement, the first term of the added annual service will be prorated to expire coterminous with the existing annual term for the service, with renewals to occur as indicated in the Agreement.
• Expenses associated with onsite services are invoiced as incurred.

Tyler's quote contains estimates of the amount of services needed, based on our preliminary understanding of the scope, level of engagement, and timeline as defined in the Statement of Work (SOW) for your project. The actual amount of services required may vary, based on these factors.

Tyler's pricing is based on the scope of proposed products and services contracted from Tyler. Should portions of the scope of products or services be altered by the Client, Tyler reserves the right to adjust prices for the remaining scope accordingly.

Unless otherwise noted, prices submitted in the quote do not include travel expenses incurred in accordance with Tyler's then-current Business Travel Policy.

Tyler's prices do not include applicable local, city or federal sales, use excise, personal property or other similar taxes or duties, which you are responsible for determining and remitting. Installations are completed remotely but can be done onsite upon request at an additional cost.

In the event Client cancels services less than four (4) weeks in advance, Client is liable to Tyler for (i) all non-refundable expenses incurred by Tyler on Client's behalf; and (ii) daily fees associated with the cancelled services if Tyler is unable to re-assign its personnel.

The Implementation Hours included in this quote assume a work split effort of 70% Client and 30% Tyler.

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ITEM NO. 6.
2024-470348-L6Y4G3 CONFIDENTIAL Page 5
Implementation Hours are scheduled and delivered in four (4) or eight (8) hour increments.

Tyler provides onsite training for a maximum of 12 people per class. In the event that more than 12 users wish to participate in a training class or more than one occurrence of a class is needed, Tyler will either provide additional days at then-current rates for training or Tyler will utilize a Train-the-Trainer approach whereby the client designated attendees of the initial training can thereafter train the remaining users.

Fees for year one of hardware maintenance will be invoiced as of the first day of the calendar month following the date the hardware is delivered and may be prorated to end coterminous with the Annual Support Maintenance term. Subsequent annual hardware maintenance fees shall be invoiced together with the Annual Support Maintenance term in accordance with the terms of the Agreement.

Your use of Payments and any related items included on this order is subject to the terms found at: https://www.tylertech.com/terms/paymentcard-processing-agreement. By signing this order or the agreement in which it is included, you agree you have read, understand, and agree to such terms. Please see attached Payments fee schedule.

Standard Project Management responsibilities include project plan creation, initial stakeholder presentation, bi-weekly status calls, updating of project plan task statuses, and go-live planning activities.

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ITEM NO. 6.
2024-476312-T6V5M5 CONFIDENTIAL Page 1
Quoted By: Jennifer Wahlbrink
Quote Expiration: 12/01/24
Quote Name: Town of Los Gatos-EERPAdditional PM Days
Quote Description: 8-6-24 Town of Los Gatos, CA -
Additional PM Hours
Sales Quotation For: Shipping Address:

Town of Los Gatos
110 E Main St Lbby
Los Gatos CA 95030-6945
Professional Services
Description Quantity Unit Price Ext Discount Extended Price Maintenance Non-Billable PM Hours 16 $ 0.00 $ 0.00 $ 0.00 $ 0.00
Project Management 60 $ 185.00 $ 0.00 $ 11,100.00 $ 0.00 TOTAL $ 11,100.00 $ 0.00
Summary One Time Fees Recurring Fees
Total Tyler License Fees $ 0.00 $ 0.00
Total SaaS $ 0.00 $ 0.00
Total Tyler Services $ 11,100.00 $ 0.00

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ITEM NO. 6.
2024-476312-T6V5M5 CONFIDENTIAL Page 2
Total Third-Party Hardware, Software, Services $ 0.00 $ 0.00 Summary Total $ 11,100.00 $ 0.00
Contract Total $ 11,100.00
Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held For six (6) months from the Quote date or the Effective Date of the Contract, whichever is later.

Customer Approval: Date:

Print Name: P.O.#:

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ITEM NO. 6.
2024-476312-T6V5M5 CONFIDENTIAL Page 3
• Fixed-fee Business Process Consulting services shall be invoiced 50% upon delivery of the Best Practice Recommendations, by module, and 50% upon delivery of custom desktop procedures, by module. • Fixed-fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion module, and 50% upon Client acceptance to load the converted data into Live/Production environment, by conversion module. • Except as otherwise provided, other fixed price services are invoiced upon complete delivery of the service. For the avoidance of doubt, where "Project Planning Services" are provided, payment shall be invoiced upon delivery of the Implementation Planning document.

Unless otherwise noted, prices submitted in the quote do not include travel expenses incurred in accordance with Tyler's then-current Business Travel Policy.

The Implementation Hours included in this quote assume a work split effort of 70% Client and 30% Tyler.

Implementation Hours are scheduled and delivered in four (4) or eight (8) hour increments.

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ITEM NO. 6.
2024-476312-T6V5M5 CONFIDENTIAL Page 4
Tyler provides onsite training for a maximum of 12 people per class. In the event that more than 12 users wish to participate in a training class or more than one occurrence of a class is needed, Tyler will either provide additional days at then-current rates for training or Tyler will utilize a Train-the-Trainer approach whereby the client designated attendees of the initial training can thereafter train the remaining users.

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ITEM NO. 6.

PREPARED BY: Cheryl Parkman
Human Resources Director
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, 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: 03/04/2025
ITEM NO: 7
DATE: March 4, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Approve and Authorize the Town Manager to Execute a Side Letter of Agreement Between the Town of Los Gatos, the Police Officers’ Association (POA), the Town Employees’ Association (TEA), and the American Federation of State, County, and Municipal Employees (AFSCME) Related to the Police Hiring Referral Bonus and Approve the Police Hiring Referral Bonus for Confidential Employees
RECOMMENDATION:

Approve and authorize the Town Manager to execute a side letter of agreement between the Town of Los Gatos, the Police Officers’ Association (POA), the Town Employees’ Association (TEA), and the American Federation of State, County, and Municipal Employees (AFSCME) related to the police hiring referral bonus and approve the Police Hiring Referral Bonus for Confidential Employees.

BACKGROUND:

Beginning in September 2022, the Police Department began offering a referral incentive to any Police Department employee who successfully referred a job applicant for a Police Officer vacancy. The referral bonus initiative was created in 2022 to address existing and upcoming vacancies that needed to be filled to provide optimal services to the community. The referral bonus costs have been absorbed in the Police Department’s budget, and the initiative has been quite successful as most new sworn staff are the result of a referral.

Due to the hard-to-fill nature of these positions, the Town holds open-until-filled continuous recruitments for the Trainee, Pre-Service, and Lateral Officer positions. The Town views its current employees as the most valuable recruiters based on their knowledge of the organization, community interests, and public safety needs, the current employees are able to

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ITEM NO. 7.

PAGE 2 OF 3
SUBJECT: Police Referral Bonus Side Letter
DATE: March 4, 2025
evaluate individuals that may be interested and a positive reflection as a member of the Los Gatos-Monte Sereno Police Department.

Since 2022, based on the level of the successfully hired Officer, the Police Department employee was eligible for a different bonus amount as shown below:
 Entry Level Officer - $3,000
 Pre-Service Officer - $4,000
 Lateral Officer - $5,000
Since the inception of the referral bonus for Police Department staff, three lateral Police Officers and three Police Trainees were hired through the referral bonus program for a total of $24,000. Currently, all six of those employees referred remain with the Police Department.

Although the referral bonus resulted in adding additional staff, six Police Officer positions remain vacant and other officers are on modified duty or protected leave. This has resulted in increased overtime costs for Patrol staff to cover vacant shifts and reductions in specialty duties and resources to the community.

DISCUSSION:

Due to the success of the current referral program, the Town proposed a modified referral bonus side letter agreement for a limited period of time that would increase the bonus amounts and expand the pool of employees that would be eligible to receive the bonus to POA, TEA, and AFSCME (Attachment 1). The increased amounts are shown below:
 Entry Level Officer - $6,000
 Pre-Service Officer - $8,000
 Lateral Officer - $10,000
Each non-PERSable lump sum bonus would be paid in two tranches of 50% of the total amount based on milestones of each position. Employees can be eligible to receive more than one referral bonus, but the bonus cannot be split between two or more referring employees. A referrer cannot be part of the hiring process including the Los Gatos-Monte Sereno Police Personnel and Training Division or be a rank of Captain and above. The side letter would expire on June 30, 2025, after which time the referral bonus would revert to the initial program for Police Department employees.

Confidential employees are not subject to bargaining based on their status as at-will employees. However, the Police Hiring Referral Bonus will be extended to Confidential employees who are not in the Human Resources Department. Management employees will not be eligible for the referral bonus.

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ITEM NO. 7.

PAGE 3 OF 3
SUBJECT: Police Referral Bonus Side Letter
DATE: March 4, 2025
CONCLUSION:

The Town satisfied its obligation to meet and confer with the three bargaining units, and each agreed to the terms. It is recommended that the side letter of agreement be approved, and the Town Manager be authorized to execute the side letter and approve Confidential employees to receive the same referral bonus.

COORDINATION:

This memo was coordinated with the Police Chief, Town Attorney, and Director of Finance.

FISCAL IMPACT:

The maximum liability for the referral bonus side letter is $60,000 based on whether six laterals are referred. The referral bonus costs associated with this side letter would continue to be absorbed in the Police Department’s Fiscal Year 2024/25 operating budget.

ENVIRONMENTAL ASSESSMENT:

This is not a project defined under CEQA, and no further action is required.

Attachments:

1. Police Hiring Referral Bonus Side Letter

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ITEM NO. 7.

SIDE LETTER OF AGREEMENT

BETWEEN

THE TOWN OF LOS GATOS
AND
THE LOS GATOS POLICE OFFICERS’ ASSOCIATION,

THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES (AFSCME), AND THE TOWN EMPLOYEES’ ASSOCIATION
JANUARY 2025
Having met and conferred in good faith, the Town of Los Gatos (Town), and the Police Officers’ Association (Association), American Federation of State, County, and Municipal Employees (AFSCME), and the Town Employees’ Association (TEA) agree as follows:

Effective the first full pay period after this agreement has been approved by Town Council, employees represented by the POA, AFSCME, and TEA will receive a referral bonus in the following amounts for referring a new Police Officer hire:
• Entry level - $6,000
o $3,000 upon officer hire
o $3,000 upon completion of the Police Academy
• Pre-service level – $8,000
o $4,000 upon officer hire
o $4,000 upon successful completion of the FTO program
• Lateral level - $10,000
o $5,000 upon officer hire
o $5,000 upon successful completion of the FTO program
A referrer cannot be part of the Los Gatos-Monte Sereno Personnel and Training Division including the Administrative Sergeant or be a rank of Captain and above.

All referrals must be provided on the NeoGov application by the Police Officer applicant to be considered. Each applicant may only disclose one referrer. There are no limits on the number of times a referrer can receive a bonus.

This side letter of agreement has an expiration date of June 30, 2025.

ATTACHMENT 1 Page 181
ITEM NO. 7.

FOR POA: TOWN OF LOS GATOS:

Richard Rondeau, President Chris Constantin, Town Manager Peter Hoffman, Rains Lucia Stern
St. Phalle & Silver, PC
Cheryl Parkman, HR Director
Noal Grover, President, TEA
Cheryl Schiele, Business Agent
Danny Murdock, President,
AFSCME
Carol McEwan, Business Agent,
AFSCME
APPROVED AS TO FORM:

Gabrielle Whelan, Town Attorney

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ITEM NO. 7.

PREPARED BY: Nicolle Burnham
Parks and Public Works Director
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, 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: 03/04/2025
ITEM NO: 8
DATE: February 27, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Adopt a Resolution Defining Timed Parking in Downtown Parking Lots and Streets and Authorize Town Staff to Continue Contracting for Ongoing Parking Management Support Services
RECOMMENDATION:

Take the following actions in support of the Town’s Parking Program:
a. Authorize staff to contract ongoing parking management support services; and b. Adopt a resolution defining timed parking in Downtown parking lots and streets.

BACKGROUND:

Parking Program Staffing
On March 19, 2019, the Town Council approved an agreement with Dixon Resources Unlimited (DIXON) for a Comprehensive Downtown Parking Study, which led to the development of the Parking Roadmap1(Roadmap) that was adopted on December 17, 2019. Implementation of the roadmap has been ongoing since that time.

On December 6, 2022, the Town Council received an update on the parking program, which covered: progress on the wayfinding and signage program; implementation of the Downtown employee parking program; parking program staffing; and efforts to introduce paid parking Downtown.

On August 15, 2023, the Town Council received a report on Parking Program Implementation and took action on a number of items. Those items included changes to the residential permit

1 https://www.losgatosca.gov/DocumentCenter/View/23807/Los-Gatos-Parking-Roadmap

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SUBJECT: Paid Parking Models and Strategies and Other Recommendations DATE: February 27, 2025
parking program charges, eliminating employee parking permit fees for the Olive Zone, and allocating up to $200,000 to fund a limited-term (one-year) Parking Coordinator position to continue implementing the Downtown Parking Program.

On March 5, 2024, the Town Council authorized the Town Manager to enter into an agreement with Dixon Resources Unlimited (DIXON) to serve as the Town’s Parking Coordinator. This action was taken because a job description could more effectively be crafted once the parking program had been implemented to confirm the expertise needed. DIXON has been implementing the parking program and supporting staff in various ways since 2019.

Parking Program Progress
Since contracting with DIXON in spring 2024, staff has been evaluating various aspects of the parking program. Shifting the management of this program to Parks and Public Works (PPW) from the Los Gatos Monte Sereno Police Department (LGMSPD) has been fundamental to the current parking program. With this change, LGMSPD work focuses on enforcement, and all parking related permitting, policy, signage, and striping are completed by PPW. This change in roles has provided clear roles for implementing the parking program.

Work completed since spring 2024 has included: 1) adding employee parking signs to the wayfinding program; 2) implementing the wayfinding program that had been in development for a number of years; 3) implementing a second automatic license plate reader and associated vehicle to enhance enforcement; 4) developing and executing a communication program regarding Assembly Bill 314 regarding daylighting at crosswalks; and 5) evaluating and updating various policies and procedures related to parking.

The Parking Work Plan for 2025 includes: 1) restoring paid parking at Oak Meadow Park; 2) analyzing the ongoing use of contract services for parking management versus adding a new town staff; 3) refining and re-issuing guidance and recommendations with regard to residential Permit Parking areas; and 4) refining the timed parking program in Downtown parking lots and streets. Work on each of these items is ongoing and each will be brought forward to the Town Council at appropriate times.

Timed Parking in Downtown Parking Lots and Streets
As noted above, staff is evaluating the current timed spaces throughout the Downtown (and Olive Zone). In this evaluation, it was noted that the Town has not consistently adopted or amended parking zones and time limits by Resolution of the Town Council pursuant to California Vehicle Code Section 22507 and as required by Town Ordinance Section 15.40.015.

On December 17, 2001, the Town Council adopted Resolution No. 2001-145 (Attachment 1) which formally approved the Downtown Parking Management Plan (Plan). The Plan provided

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SUBJECT: Paid Parking Models and Strategies and Other Recommendations DATE: February 27, 2025
direction on the development of a zone-based enforcement approach to on- and off-street public parking restrictions in downtown commercial areas and near the high school. Plan recommendations included time limits, exemptions, and days and hours of enforcement as well as suggested resident and employee permit programs and fees.

Various adjustments to the Plan recommendations have occurred over the years. Including the elimination of Saturday time limits for public parking spaces in off-street municipal parking lots downtown, which the Town Council authorized at its November 6, 2018 meeting. Later, on August 15, 2023, the Town Council approved an expansion of the downtown employee permit parking program to include Saturdays, restricting parking in designated spaces 6 days per week.

DISCUSSION:

Parking Program Staffing
Through the course of their contract work, DIXON assisted the Town in developing a classification for a Parking Analyst position. On December 17, 2024, the Town Council authorized the creation of a Project Analyst position and staff recommends using that position if a parking manager were added to Town staffing for the parking program. Table 1 compares the cost of this position (including benefits) to continuing contracted services via DIXON.

Table 1. Cost Comparison – Town of Los Gatos Full-Time Project Analyst vs Ongoing DIXON Contract
Staffing Type Project Analyst 1
(Step 1)
Project Analyst
2 (Step 6)
DIXON
Annual Staffing for FY 2025-
26, including benefits $163,768 $218,588 $96,000
Aside from cost, staff has also considered the quality of service provided to the parking program. Since April 2024 DIXON has provided excellent service to the Town in support of staff.

The DIXON team coordinates seamlessly with Town staff and provides meaningful leadership to the parking program. As such, staff is comfortable with this service model.

Based on the cost and quality of service provided, staff is recommending the ongoing use of DIXON to provide parking program management and not adding Town staffing to the program at this time. If Town Council agrees with this recommendation staff will propose the necessary funding to the Fiscal Year 2025/2026 Operating Budget to extend the DIXON agreement and return to Council with a proposed contract extension at the appropriate time.

The costs noted in Table 1 covers the cost for DIXON to provide the base level of parking program management that would otherwise be provided by a Town staff. It is possible that as a

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PAGE 4 OF 5
SUBJECT: Paid Parking Models and Strategies and Other Recommendations DATE: February 27, 2025
result of ongoing program management, additional consulting services could be needed that are outside of the scope of program management services. If that need arises, staff would determine the most appropriate method for delivering those services (be it via Dixon or another consultant) and make that recommendation to the Town Council as needed.

Timed Parking in Downtown Parking Lots and Streets
DIXON created a supporting resolution (Attachment 2) and developed an approximate map of the current Downtown and Olive Zone parking restrictions (Exhibit A to Attachment 2) to affirm the parking regulations currently in effect. In the coming months, staff may expand this map to include additional regulations and recommend refinements to dates and hours of enforcement, time limits, and exceptions, but this current resolution offers a baseline that is consistent with current conditions.

CONCLUSION:

Continuing the use of consulting services to support the Parking Program in lieu of adding Town staff will provide the experience and skills necessary to support the parking program at the lowest cost. Adopting the proposed resolution to update the parking regulations across the Town’s preferential parking zones will ensure consistency and compliance with both local and state requirements.

COORDINATION:

This report was coordinated with the Town Manager, Town Attorney, Finance Director, DIXON Resources Unlimited, and the Los Gatos Monte Sereno Police Chief.

FISCAL IMPACT:

There are no fiscal impacts in the current fiscal year FY 2024-25 for this action. If Town Council agrees with the staff recommendation, staff will propose the necessary funding to the Fiscal Year 2025-2026 Operating Budget to extend the DIXON agreement (currently residing on CIP Project 813-0242), as an ongoing operating expense in Program 5201, and return to Council with a proposed contract extension.

ENVIRONMENTAL ASSESSMENT:

This is not a project defined under CEQA, and no further action is required.

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ITEM NO. 8.

PAGE 5 OF 5
SUBJECT: Paid Parking Models and Strategies and Other Recommendations DATE: February 27, 2025
Attachments:

1. Resolution 2001-145

2. Draft Resolution with Exhibit A – Current Downtown and Olive Zone Parking Restrictions

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ATTACHMENT 1

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ITEM NO. 8.
1 of 2
Resolution 2025- Council Meeting Date
ATTACHMENT 2
RESOLUTION 2025-xx

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ESTABLISHING

PARKING REGULATIONS, INCLUDING TIME LIMITS, DATE AND TIME OF

ENFORCEMENT, AND PARKING PERMIT EXEMPTIONS FOR PUBLIC PARKING AREAS

DOWNTOWN AND IN THE OLIVE ZONE
WHEREAS, the Downtown Parking Management Plan, as adopted in Resolution 2001- 145 on December 17, 2001, established various parking management strategies for downtown commercial areas and near the high school and Civic Center; and WHEREAS, the parking regulations provided in the Downtown Parking Management Plan have been adjusted over the years, as authorized by action of the Town Council; and WHEREAS, California Vehicle Code Section 22507 and Town Code Sections 15.40.015 and 15.40.080 authorize Town Council to enact local regulation of parking prohibitions and preferential parking zones by resolution, respectively; and WHEREAS, the Town Council seeks to reaffirm current parking regulations downtown and near the high school and civic center (now known as the Olive Zone), as depicted in the attached map of Downtown and Olive Zone parking regulations (Exhibit A), in compliance with state and local laws.

NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Los Gatos does adopt Exhibit A, attached hereto. The parking regulations adopted herein shall not invalidate any currently posted parking regulations or curb markings indicating restrictions for short-term parking or passenger and commercial loading activities. The parking regulations, as described in Exhibit A, become effective only upon the erection of appropriate signs giving adequate notice of such regulations.

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 4th day of March, 2025, by the following vote:

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

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2 of 2
Resolution 2025- Council Meeting Date
ATTACHMENT 2
SIGNED:
_______________________________

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
ATTEST:
___________________________________

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA

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ITEM NO. 8.

CURRENT DOWNTOWN AND OLIVE ZONE PARKING RESTRICTIONS
Legend
Downtown Parking:
2-Hour Public Parking
9am-6pm, Mon-Sat
2-Hour Public Parking
9am-6pm, Mon-Sat
(permit exempt)
3-Hour Public Parking
9am-6pm, Mon-Sat
Employee Permit Parking
9am-6pm, Mon-Sat
Unlimited Public Parking
Olive Zone / Civic Center:
90-Min Public Parking
7am-4pm, Mon-Fri
90-Min Public Parking
8am-5pm, Mon-Fri
2-Hour Public Parking
7am-4pm, Mon-Fri

EXHIBIT A

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ITEM NO. 8.

PREPARED BY: Holly Young
Senior Management Analyst
Reviewed by: Town Manager, Assistant Town Manager, and Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 03/04/2025
ITEM NO: 9
DATE: February 19, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Approve the 2025 Work Plan Recommended by the Diversity, Equity, and Inclusion (DEI) Commission
RECOMMENDATION:

Approve the 2025 Work Plan recommended by the Diversity, Equity, and Inclusion (DEI) Commission.

BACKGROUND:

In order to provide Town Commissions/Committees/Boards (Commissions) clarity from the Town Council regarding their work, staff recommends the Town Council review and approve each Commission’s work plan for the year. This will ensure Council support, efficient use of Commissioners’ time, and sufficient staff resources for Commission’s projects in 2025.

Certain Commissions are exempt from this process due to their specific functions. The exempt Commissions have projects presented to them for consideration rather than the Commissions creating their own work plans. These exempt Commissions include the Planning Commission, General Plan Committee, Historic Preservation Committee, and Personnel Board.

In coordination with other Town Departments, staff reviewed the Town DEI Plan (Attachment 1), taking workload, time commitment, and alignment with Council priorities into consideration in order to determine a reasonable list of items that could be accomplished by the Commission in the coming year with existing resources.

DISCUSSION:

The DEI Commission discussed its 2025 Work Plan on January 9 and February 13, 2025.

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ITEM NO. 9.

PAGE 2 OF 2
SUBJECT: DEI Commission Work Plan
DATE: February 19, 2025
The Commission expressed a need to have broader discussions on general topics from the Town DEI Plan before it can determine specific work plan item(s) that may address the broader topic. This was addressed by including these discussion topics in a separate section of the work plan under the heading “Items for discussion only (no staff time allocated).” The items in that category were recommended by the Commission and were taken directly from the Council-approved Town DEI Plan. A broad range of ideas can be explored that fit under each discussion topic.

The 2025 Work Plan does not preclude the Commission from discussing other topics within their purview. The Commission may discuss items not on the Work Plan, but staff time will not be available for those items.

The DEI Commission’s recommendation for its 2025 Work Plan can be found in Attachment 2 and staff agrees with the Commission’s recommendation.

CONCLUSION:

Staff recommends that the Town Council approve the 2025 DEI Commission Work Plan as recommended by the DEI Commission (Attachment 2).

FISCAL IMPACT:

No fiscal impact is associated with this item.

ENVIRONMENTAL ASSESSMENT:

This is not a project defined under CEQA, and no further action is required.

Attachments:

1. Town DEI Plan

2. DEI Commission Recommended 2025 Work Plan

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ITEM NO. 9.

Attachment 1
Town of Los Gatos Diversity, Equity, and
Inclusion (DEI) Plan

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ITEM NO. 9.
1 1. PURPOSE
This Diversity, Equity, and Inclusion (DEI) Plan is intended to be an actionable plan for the Town of Los Gatos to become a more inclusive place where all community members feel welcome and a sense of belonging. It is a living and evolving document.

2. GOALS AND ACTION ITEMS
Some of the goals and action items listed below are attributed to either the Los Gatos 2040 General Plan or the American Leadership Forum Insights Justice, Equity, Diversity, and Inclusion Implementation Actions document. Those items without specific attribution came from input received from either Town Boards/Commissions/Committees, Town staff, or the broader community. Please see Section 3 below for more details on how this feedback was obtained.

All of the goals and action items listed below are dependent on authorization, direction, and prioritization from the Town Council.

A. GOAL: Oversight. Create a process for oversight of the Town’s DEI Plan. (American Leadership Forum Insights Justice, Equity, Diversity, and Inclusion Implementation Actions)

1. Short Term Action Items
a. In partnership with other Commissions, DEI Commission to review the community grants rubric for the community grant distribution process through an equity lens. (American Leadership Forum Insights Justice, Equity, Diversity, and Inclusion Implementation Actions, p. 6)
b. DEI Commission to create an annual review process and evaluation of the DEI Work Plan action items. (American Leadership Forum Insights Justice, Equity, Diversity, and Inclusion Implementation Actions, p. 6)
i. Create standing discussion item for the DEI Commission to review progress on the DEI Plan.
ii. Submit annual progress update to the Council.

2. Long Term Action Items
a. DEI Commission to recommend additional action items to the Town Council to make visible the equity issues that matter to the larger community. (American Leadership Forum Insights Justice, Equity, Diversity, and Inclusion Implementation Actions, p. 6)
i. Utilize DEI Commission meetings to obtain community feedback, discuss and identify potential equity action items to inform the ongoing JEDI Plan Implementation, and listen to other community ideas.

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ITEM NO. 9.
2 3. Ongoing Action Items
a. Town staff/Commissions/Council to examine all proposed policies and ordinances in the context of promoting, facilitating, and improving equity, diversity, and inclusion in Los Gatos.

B. GOAL: Safety. Create a robust and safe process for equity-focused, communitybased programming. (American Leadership Forum Insights Justice, Equity, Diversity, and Inclusion Implementation Actions)

1. Short Term Action Items
a. Town staff/DEI Commission to review the Town’s four events (Spring into Green, 4th of July Symphony in the Park, Screen on the Green, and Winter Celebration) with an equity lens. (American Leadership Forum Insights Justice, Equity, Diversity, and Inclusion Implementation Actions, p. 7) i. Consider potential modifications to existing Town events. ii. Consider adding a statement in the Town’s Special Event Permit application indicating that the Town encourages events to consider our community’s diversity and to support equity and inclusion. b. Town staff/DEI Commission to evaluate heritage/holiday celebrations and recognitions in the Holiday and Recognition Work Plan. (American Leadership Forum Insights Justice, Equity, Diversity, and Inclusion Implementation Actions, p. 7)

2. Medium Term Action Items
a. Town staff/DEI Commission/Community Partners to create public forums and garner feedback from the community on the types of equity programming they would like to see offered in the Town, including but not limited to: community members; business owners; faith leaders; community-based organizations; and youth. (American Leadership Forum Insights Justice, Equity, Diversity, and Inclusion Implementation Actions, p. 7)
b. Town staff/DEI Commission/Community Partners to work with other Boards, Commissions, and Committees to curate safe and engaging learning, dialogue and advocacy spaces for all community members. (American Leadership Forum Insights Justice, Equity, Diversity, and Inclusion Implementation Actions, p. 8) c. Town staff/Commissions to explore opportunities for public art/murals that celebrate underrepresented groups.
d. Town staff to explore the possibility of film festivals/benefit events at the Los Gatos Theatre.
e. Town staff/Commissions to explore options for bringing diversity and incorporating equity into Town parks, open space, and the community garden. i. Consider a Park Stewardship Program to develop meaningful relationships between different groups (example: seniors) and each park.

3. Long Term Action Items
a. Town staff/DEI Commission/Community Partners to develop a community learning opportunity focused on historical inequities and the history of the

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ITEM NO. 9.
3 Town of Los Gatos. Focused on but not limited to: Indigenous communities; redlining practices; and other items as identified through community partners. (American Leadership Forum Insights Justice, Equity, Diversity, and Inclusion Implementation Actions, p. 8)
b. Town staff to develop diversity, sensitivity, and awareness training courses and curriculum for residents, business owners, and local organizations to take part in. Training could include, but is not limited to, an informational column in the weekly newsletter and/or links to recommended online materials, lectures, and community engagement events. (Los Gatos 2040 General Plan, p. 2-9)

4. Ongoing Action Items
a. Town staff in the Police Department to continue to offer a Community Police Academy, or similar program, to educate community members on law enforcement policies, practices, and problem solving, as well as promoting the opportunity for one-on-one interaction with Department members in a relaxed environment. (Los Gatos 2040 General Plan, p. 2-8)
b. Town staff/Arts and Culture Commission/DEI Commission to explore ways to potentially incorporate DEI into new art projects as they arise. c. Town staff/Complete Streets and Transportation Commission to continue to look for ways to improve transportation accessibility, bicycle/pedestrian access, ADA access on sidewalks, and public transportation options. d. Town staff/Library Board/DEI Commission to make suggestions for the Library’s DEI reading list(s) and share those lists with local schools. e. Town staff to continue to enhance awareness of DEI through expanded Library programing for both adults and children.
f. Town staff to continue to increase technology offerings at the Library to help low-income community members who do not have access to WiFi and/or other devices.

C. GOAL: Collaboration. Leverage community resources to ensure equity efforts are collaborative and inclusive. (American Leadership Forum Insights Justice, Equity, Diversity, and Inclusion Implementation Actions)

1. Short Term Action Items
a. Town staff/DEI Commission/Community Partners to foster collaboration between community groups and other partners engaging in equity work in order to offer joint activities. (American Leadership Forum Insights Justice, Equity, Diversity, and Inclusion Implementation Actions, p. 8) i. Meet with community partners to determine how they would like to manifest equity learning in the community. Focused on, but not limited to, the following local groups: local businesses; community-based organizations; nonprofits; education partners; faith-based partners; Town Departments; and other Town Commissions.
ii. Focus on collaborative projects that promote healing.

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ITEM NO. 9.
4 iii. Evaluate Town spaces available for joint activities and projects and consider how those spaces can be best used to promote equity and belonging.

2. Medium Term Action Items
a. Town staff/School Districts/Youth to identify needs for both community-based and school-based programming. (American Leadership Forum Insights Justice, Equity, Diversity, and Inclusion Implementation Actions, p. 9) i. As requested by local schools, share resources that support the schools’ equity work.
ii. Intentionally connect school districts to community groups for joint projects, centered in art and expression.
iii. Host a joint session with community partners and school leaders regarding equity dialogues and in support of their joint planning efforts.
iv. Explore the possibility of the Town hosting or partnering on a DEI assembly or event with local schools.
b. Town staff/Chamber of Commerce/other community organizations to organize an annual career and job fair with local employers to highlight local employment and employment training opportunities for Los Gatos residents. (Los Gatos 2040 General Plan, p. 2-8)
c. Town staff to research the viability of increasing support for the acceptance of food vouchers at local food retailers and farmers’ markets. (Los Gatos 2040 General Plan, p. 2-9)

3. Ongoing Action Items
a. Town staff to continue to work with the Los Gatos Saratoga Union High School District and Los Gatos Union School District on the Positive Community Norms effort.
b. Town staff to explore opportunities for collaborating with other municipalities on DEI work.

D. GOAL: Communication. Develop a communications campaign that highlights the Town’s equity work. (American Leadership Forum Insights Justice, Equity, Diversity, and Inclusion Implementation Actions)

1. Short Term Action Items
a. Town staff/DEI Commission/Community Partners to create a yearly communications campaign centered around equity education and promotion of community events. Include in this process: visible signage/banners, local art, and art displays. (American Leadership Forum Insights Justice, Equity, Diversity, and Inclusion Implementation Actions, p. 9)

2. Medium Term Action Items
a. Town staff/DEI Commission/Community Partners to create a new Town tagline, in concert with the mission statement that involves the spirit of ‘belonging’, as

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ITEM NO. 9.
5 a north star for ongoing work. (American Leadership Forum Insights Justice, Equity, Diversity, and Inclusion Implementation Actions, p. 10) i. Engage the community in the development of this work. ii. Garner input from Commissions, businesses and community-based organizations.
iii. Present to Council for approval.
b. Town staff/DEI Commission/Community Partners to engage the business community as a partner in promoting the benefits of the DEI Plan and the positive attributes of the Town of Los Gatos. (American Leadership Forum Insights Justice, Equity, Diversity, and Inclusion Implementation Actions, p. 10) i. Develop a local business pledge about belonging and unwillingness to tolerate discrimination.
ii. Create a plan for outreach and support for minority-owned businesses.
iii. Engage the business community in supporting the development of more affordable housing as a path to support their businesses. c. Town staff to develop clear and inclusive outreach materials to increase and advance racial, social, and environmental justice initiatives. (Los Gatos 2040 General Plan, p. 2-8)
d. Town staff/DEI Commission to reexamine Welcome Packets sent to new Los Gatos residents for opportunities to make them more inclusive.

3. Long Term Action Items
a. Town staff to develop mechanisms to communicate and engage members of the community who are not typically active in civic issues to foster relationships with the Town and the Police Department. This can be accomplished by leveraging technology and by focusing resources on nonenforcement interaction with the community. (Los Gatos 2040 General Plan, p. 2-9)

4. Ongoing Action Items
a. Town staff to develop clear and inclusive outreach materials, expand media campaigns, and implement other strategies to engage the public in the Town’s processes. (Los Gatos 2040 General Plan, p. 2-10)
b. Town staff to communicate actively on social media and in other forums to reinforce messages of inclusion, belonging, and welcoming.

E. GOAL: Housing. Educate the community about affordable housing to ensure that the Town meets its Housing Element goals. (American Leadership Forum Insights Justice, Equity, Diversity, and Inclusion Implementation Actions)

1. Long Term Action Items
a. Town staff to dispel the misconceptions surrounding affordable housing by providing:
i. Developer tours to completed affordable housing build outs.

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ITEM NO. 9.
6 ii. Education about affordable housing residents and the services they receive. (American Leadership Forum Insights Justice, Equity, Diversity, and Inclusion Implementation Actions, p. 11)
b. Town staff to investigate ways to attract affordable housing developers to the Town of Los Gatos. (American Leadership Forum Insights Justice, Equity, Diversity, and Inclusion Implementation Actions, p. 11) i. Review the work of other jurisdictions and what policy changes they have made to incentivize the building of affordable housing. ii. Publicize opportunities to build affordable housing with developers. iii. Educate the community about what affordable housing brings to the Town in order to leverage and develop community support for these projects.
c. Town staff to create a program to ensure that all rental multifamily housing is inspected on a three to five-year cycle to ensure compliance with all building, housing, and other codes for safe and sanitary housing. (Los Gatos 2040 General Plan, p. 2-10)

2. Ongoing Action Items
a. The 2040 General Plan was adopted with its Racial, Social, and Environmental Justice Element on June 30, 2022. The Implementation Programs from that Element are included in this DEI Plan.
b. The Housing Element with modifications was adopted by the Town Council on January 30, 2023. The Town is continuing to address the detailed comments from the State, engaging with the community in that process. Once certified by the State, the Town will need to implement the Housing Element programs.

F. GOAL: Increase equity in internal Town operations, service delivery, and customer interactions.

1. Short Term Action Items
a. Town staff to enhance the Town’s Tree Lighting event with other inclusive activities to transition it to an Annual Winter Celebration. b. Town staff to create a defined set of criteria that measures and prioritizes equitable distribution of Capital Improvement (CI) Projects Town-wide. (Los Gatos 2040 General Plan, p. 2-9)

2. Medium Term Action Items
a. Town staff to develop and facilitate a community-based budgeting process to provide the public an opportunity to identify funding priorities annually. This program could feature in-person and online engagement opportunities. (Los Gatos 2040 General Plan, p. 2-8)
b. Town staff to determine effective recruitment strategies to attract diverse candidates to Town employment opportunities. Work with educational institutions and other entities to promote local government job opportunities

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ITEM NO. 9.
7 with middle school, high school, technical school, and college students. (Los Gatos 2040 General Plan, p. 2-8)
c. To remove any administrative barriers to increase access to healthy foods, Town staff to conduct an internal audit of and make necessary changes to Town regulations, including but not limited to the Zoning Ordinance. (Los Gatos 2040 General Plan, p. 2-9)
d. Town staff to increase opportunities for DEI conversations among Town staff and Departments with guest speakers/brown bag lunches.
e. Town staff to explore the possibility for team-building exercises for staff.

3. Long Term Action Items
a. Town staff to develop a study to measure tree canopy distribution throughout the Town and encourage the use of native plants when increasing green space. (Los Gatos 2040 General Plan, p. 2-9)
b. Town staff to implement the Town’s ADA Transition Plan as funding permits.

4. Ongoing Action Items
a. Form a Social and Racial Justice Commission that will serve as an advisory board to the Town Council to advance the Town’s racial equity work. (Los Gatos 2040 General Plan, p. 2-8) – Approved by Council September 19, 2023 with meetings beginning January 2024.
b. Town staff to update the Town’s Anti-Harassment Policy to meet current best practices, including anti-bullying.
c. Town staff to continue to evaluate the annual proposed Capital Improvement Budget and any service expansion/contraction in the Operating Budget to ensure that all neighborhoods are treated equitably in the availability of services and infrastructure investment. (Los Gatos 2040 General Plan, p. 2-8) d. Require all Town staff to undergo ongoing DEI/implicit bias training. (Los Gatos 2040 General Plan, p. 2-8)
e. Continue to offer DEI training for Councilmembers and Commissioners. f. Town staff to develop an annual survey which measures the successfulness of advancing social equity and diversity Town-wide. (Los Gatos 2040 General Plan, p. 2-8)
g. Town staff to continuously expand access to Town records and information to further demonstrate the Town’s commitment to transparency in governmental operations.
h. Town staff to continue to provide Biannual Reports to review progress at Town Council meetings on Police Reforms, including independent investigations, mental health/homeless support, traffic stop data, and options for nonemergency calls. i. Town staff to continue to strengthen the Police Department relationship with County Behavioral Health and Crisis Response Teams.
j. Town staff to work toward the Police Chief’s goal for all Department personnel to exceed the minimum number of hours of training in de-escalation and crisis intervention.
k. Town staff to continuously review and update Town policies and procedures to ensure that it is employing the best practices for hiring, training, eliminating bias, and ensuring the public’s safety.

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ITEM NO. 9.
8 l. Town staff to foster a more diverse work force by continuing to update job descriptions and minimum qualifications to encourage a broader set of candidates, promoting job opportunities using conventional and unconventional techniques to reach deeper into the talent pool, and encouraging professional development to expand skills and abilities. m. Town staff to continually reevaluate the Commission application process to facilitate more equity and inclusivity.
n. Town Council to examine/update the Town Council Code of Conduct. o. Town staff to conduct staff surveys on a regular basis to assess if employees feel welcomed and included.
p. Town staff to explore options for assisting unhoused Los Gatos residents.

Staff explored the option of including metrics for each item; however, after extensive outreach, research, and attending DEI training sessions put on by the Government Alliance of Race and Equity (GARE), the conclusion reached was that metrics/performance measures are not only extremely difficult for this work, but not advised. DEI work is long-term term and ongoing over generations of people and progress cannot adequately be measured in a shorter timeframe of a few years. Additionally, aiming for a goal of a certain demographic makeup (for example, X amount of employees of Y ethnicity/race) can be misleading because even if that goal is reached is does not necessarily mean that all feel welcome or as they belong.

3. DESCRIPTION OF PROCESS FOR DEVELOPING THE DEI PLAN
Community Advisory Group Led by American Leadership Forum Silicon Valley Insights (ALFI) On September 6, 2022, the Town Council authorized the Town Manager to continue working with DEI Consultant ALFI on the development of a DEI Plan. To do this work, ALFI convened a Community Advisory Group to move the initial Discovery Report recommendations forward and provide concrete steps for implementation. The Community Advisory Group met on a monthly basis from February through September 2023 for two and a half hours each meeting and utilized the initial Discovery Report recommendations as a jumping off point for dialogues. The Group helped put together the American Leadership Forum Insights Justice, Equity, Diversity, and Inclusion Implementation Actions document and provided numerous action/implementation items included in this DEI Plan. The most significant recommendation to come out of the group was for the Town to establish an equity-focused Commission. On September 19, 2023, the Town Council approved the enabling resolution to create the Diversity, Equity, and Inclusion Commission.

Community Workshop
On April 20, 2023, the Town held a community workshop to give the broader Los Gatos community an opportunity to provide input on the Discovery Report and the potential action items for this DEI Plan.

Attendees were divided into two smaller breakout group discussions to provide feedback used to shape this plan.

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ITEM NO. 9.
9 Town Boards, Commissions, and Committees Participation During the months of March and April, Town staff met with each Board/Commission/Committee, and/or solicited written feedback on the potential DEI Plan action items and the recommendations in the Discovery Report. Input was also sought regarding how DEI work intersects with each Commission, how Commissions can work to increase equity and inclusivity in Los Gatos, and other ideas for how the Town can work holistically toward becoming a more inclusive place. Ideas garnered from those sessions are reflected in this DEI Plan.

Town Staff Engagement
Outreach regarding the development of this plan and other Town DEI work was also conducted with staff. In 2022, the Town Manager’s Office offered the first Employee Equity Survey to all Town staff.

The Town staff is much more diverse than the broader Los Gatos community. At a high level, survey results indicated 70% of respondents reported feeling welcome at work while 30% did not. Responses also indicated a need for increased education for Town staff about the DEI work being done and a desire for DEI training.

In 2023, the Town Manager’s Office conducted another anonymous survey specific to input relating to the Discovery Report recommendations and potential DEI Plan action items. Discussions on these topics also occurred during the Staff Equity Team’s monthly meetings. Themes from this staff feedback are also found in this Plan.

Training
Based on staff demand as illustrated in the Employee Equity Survey results, in November 2022, the Town held a mandatory staff Diversity, Equity, and Inclusion training entitled "Creating Environments of Belonging" led by DEI trainer and former prosecutor Mwanaisha Sims. The topic discussed included:
• Awareness of workplace diversity issues, such as those affecting underrepresented groups, in daily interactions;
• Exploration of internal beliefs and unconscious biases; • An understanding of what motivates (and demotivates) those around us; • Collaboration skills to help work more effectively with people who have different qualities from your own;
• How to stand up to discrimination such as racial bias or sexual harassment; and • Skills to foster an inclusive workplace culture.

In February 2023, the "Creating Environments of Belonging" DEI training was also offered to the Town Councilmembers and all Town Commissioners.

In May 2023, based on demand, Ms. Sims returned to offer Town staff a second training that specifically focused on learning tools for how to respond to microaggressions, bias, and uncomfortable conversations.

DEI training can help build a safe and equitable workplace for all staff and promote an environment where everyone feels comfortable being their authentic selves at work.

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ITEM NO. 9.
10 4. DEFINITIONS
Ableism. Ableism is the discrimination of and social prejudice against people with disabilities based on the belief that typical abilities are superior. At its heart, ableism is rooted in the assumption that disabled people require ‘fixing’ and defines people by their disability. (Access Living) Anti-Semitism. The belief or behavior hostile toward Jews just because they are Jewish. It may take the form of religious teachings that proclaim the inferiority of Jews, for instance, or political efforts to isolate, oppress, or otherwise injure them. It may also include prejudiced or stereotyped views about Jewish peoples. (Anti-Defamation League)
Belonging. Belonging is a core need of all humans and is defined as a system of values and practices where no person is left out of the circle of human concern. It is more than just access. It is having a meaningful voice and an opportunity to participate in the design of cultural structures. Belonging includes the right to contribute as well as the right to make demands and it requires shared power, access, and opportunity among all individuals within a shared system. Belonging is about being seen, heard and valued for the uniqueness that each individual brings into the circle (Source: Othering and Belonging Institute). Distinction Between Diversity, Inclusion, and Belonging: You can have diversity without inclusion (e.g. tokenism, assimilation). You can’t have inclusion without diversity. Focusing on inclusion gets you further than just focusing on diversity. Belonging is a term that goes beyond the legal or HR definitions and gets to how power and meaningful inclusion can look and feel within the context of a group or network. (Race Forward)
BIPOC. Acronym referring to Black, Indigenous, and Persons of Color. (Los Gatos 2040 General Plan, p. 2- 3)
Community Member. Any individual who resides, owns property, is a business owner, or is employed in the Town of Los Gatos. (Los Gatos 2040 General Plan, p. 2-3) Debiasing Strategies. Interventions to eliminate, mitigate or prevent bias are often focused on the individual level, rather than at the institutional level, where interventions are most needed. Debiasing strategies focused on individual change (e.g. “just be aware of your bias),” have dubious impacts and success. Debiasing strategies focused at the institutional levels can help prevent and remove opportunities for bias by instituting practices, policies, and protocols that require institutional actors to address institutional racism. (Race Forward)
Disadvantaged Community. An area identified by the California Environmental Protection Agency (CalEPA) pursuant to Section 39711 of the California Health and Safety Code or a predominately lowincome area that is disproportionately affected by environmental pollution and other hazards that can lead to negative health effects, exposure, or environmental degradation. (Los Gatos 2040 General Plan, p. 2-3)
Diversity. A variety of racial identities or characteristics (e.g. African Americans, Native Americans, Latinx) as well as people from a range of different social, racial, ethnic, cultural, and economic backgrounds; genders; sexual orientations; abilities; experiences; perspectives; and other personal identities. Diversity is a quantitative measure of representation. (Race Forward)

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ITEM NO. 9.
11 Environmental Justice. The fair treatment of people of all races, cultures, incomes, political and religious affiliation, and national origins with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies including climate adaptation strategies. (Los Gatos 2040 General Plan, p. 2-3)
Equality. Is sameness; everyone gets the same thing. Equality focuses on everyone getting the same opportunity, but often ignores the realities of historic exclusion and power differentials among whites and other racialized groups. (Los Gatos 2040 General Plan, p. 2-3) Equity. Ensures that outcomes in the conditions of well-being are improved for marginalized groups, lifting outcomes for all. Equity is a measure of justice (Los Gatos 2040 General Plan, p. 2-3). Distinction Between Equality and Equity: Equality uses the same strategies for everyone, but because people are situated differently, they are not likely to get the same outcomes. Equity uses differentiated and targeted strategies to address different needs and to get to fair outcomes. Equality-focused strategies don’t work for, or benefit, everyone – e.g. teaching everyone the same way does not work for different kinds of learners -- each must be taught the appropriate way for them. (Race Forward) Explicit Bias. Conscious attitudes and beliefs about a person or group, also known as overt and intentional bias. (Los Gatos 2040 General Plan, p. 2-3) Implicit Bias. Attitudes or stereotypes that affect our understanding, decisions, and actions in an unconscious manner. (Los Gatos 2040 General Plan, p. 2-3) Individual Bias. Bias by individuals. But if the individual is acting in an institutional capacity (e.g. a teacher or a police officer) their individual bias is also a manifestation of institutional bias. (Race Forward)
Individual Racism. Lies within individuals. These are private beliefs and biases about race that reside inside our own minds and bodies. For White people, this can be internalized privilege, entitlement, and superiority; for people of color, this can be internalized oppression. Examples: prejudice, xenophobia, conscious and unconscious bias about race, influenced by the white normative or dominant culture. (Race Forward)
Institutional Bias. Bias by institutions — such as patterns, practices, policies, or cultural norms that advantage or disadvantage people of color. (Race Forward) Institutional Racism. Occurs within institutions. It involves unjust policies, practices, procedures, and outcomes that work better for White people than people of color, whether intentional or not. Example:

A school district that concentrates students of color in the most overcrowded, under-funded schools with the least experienced teachers. (Race Forward)
Interpersonal Racism. Occurs between individuals. Bias, bigotry, and discrimination based on race.

Once we bring our private beliefs about race into our interactions with others, we are now in the interpersonal realm. Examples: public expressions of prejudice and hate, microaggressions (common place intentional or unintentional terms or hostility), bias and bigotry between individuals. (Race Forward)

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ITEM NO. 9.
12 Inclusion. The measure of the quality of representation, such as full access, authentic representation, empowered participation, true belonging and power-sharing. Inclusion is a qualitative measure of representation and participation. (Race Forward)
Intersectionality. The concept of intersectionality describes the ways in which systems of inequality based on gender, race, ethnicity, sexual orientation, gender identity, disability, class and other forms of discrimination “intersect” to create unique dynamics and effects. All forms of inequality are mutually reinforcing and must therefore be analyzed and addressed simultaneously to prevent one form of inequality from reinforcing another. Intersectionality brings our understanding of systemic injustice and social inequality to the next level by attempting to untangle the lines that create the complex web of inequalities. It is also a practical tool that can be used to tackle intersectional discrimination through policies and laws. (Center for Intersectional Justice)
LGBTQIA+ Discrimination. Being harassed, discriminated against and/or being denied access to employment, housing, access to basic goods and services and/or the ability to participate meaningfully in our society's decision making processes, based on gender identity, sexual orientation and/or gender expression. (Gender Equity Law Center)
Racial Equity. A process of eliminating racial disparities and improving outcomes for everyone. It is the intentional and continual practice of changing policies, practices, systems, and structures by prioritizing measurable change in the lives of people of color. From GARE: Racial equity is realized when race can no longer be used to predict life outcomes, and outcomes for all groups are improved. (Race Forward) Racial Justice. A vision and transformation of society to eliminate racial hierarchies and advance collective liberation, where Black, Indigenous, Latinx, Asian Americans, Native Hawaiians, and Pacific Islanders, in particular, have the dignity, resources, power, and self-determination to fully thrive.

Distinction Between Racial Equity and Racial Justice: Racial equity is the process for moving towards the vision of racial justice. Racial equity seeks measurable milestones and outcomes that can be achieved on the road to racial justice. Racial equity is necessary, but not sufficient, for racial justice. (Race Forward)
Resident. Any individual who resides in the Town of Los Gatos. (Los Gatos 2040 General Plan, p. 2-3) Social Capital. A concept in social science that involves the potential of individuals to secure benefits and invent solutions to problems through membership in social networks. Social capital revolves around three dimensions: interconnected networks of relationships between individuals and groups (social ties or social participation); levels of trust that characterize these ties; and resources or benefits that are both gained and transferred by virtue of social ties and social participation. (Los Gatos 2040 General Plan, p. 2-3)
Socially Disadvantaged Individuals and Groups. Socially disadvantaged individuals and groups who have been subjected to prejudice or some form of discrimination or bias because of their perceived identity as a member of a particular group (i.e., race, ethnicity, culture, sex, political or religious affiliation, sexual orientation, age, immigration status) without regard to their individuality and/or merit. (Los Gatos 2040 General Plan, p. 2-3)
Structural Racism. Racial inequities across institutions, policies, social structures, history, and culture.

Structural racism highlights how racism operates as a system of power with multiple interconnected,

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ITEM NO. 9.
13 reinforcing, and self-perpetuating components which result in racial inequities across all indicators for success. Structural racism is the racial inequity that is deeply rooted and embedded in our history and culture and our economic, political, and legal systems. Examples: The “racial wealth gap,” where Whites have many times the wealth of people of color, resulting from the history and current reality of institutional racism in multiple systems. (Race Forward)

5. RESOURCES/APPENDICES
American Leadership Forum Insights Discovery Report (2022):
https://www.losgatosca.gov/DocumentCenter/View/31460/Final-Discovery-Report American Leadership Forum Insights Justice, Equity, Diversity, and Inclusion Implementation Actions (2023):
https://www.losgatosca.gov/DocumentCenter/View/36518/ALFI-Implementation-Actions Racial, Social, and Environmental Justice Element of the Los Gatos 2040 General Plan (2022):
www.losgatosca.gov/DocumentCenter/View/31980/2-LGGP_2040_Racial-Social-and-EnvironmentalJustice-Element Town of Los Gatos Becoming an Inclusive Community Website:
https://www.losgatosca.gov/2604/Becoming-an-Inclusive-Community

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ITEM NO. 9.

Attachment 2
Recommended 2025 DEI Commission Work Plan

1. Commission to review staff’s recommendation for the Town Council regarding a new Fall Festival for 2025 and provide a recommendation for staff’s consideration in the proposal to Town Council (related to DEI Plan Goal B., Item 1.a.).

2. Commission to discuss participation in the new Town Fall Festival (related to DEI Plan Goal B., Item 1.a.).

3. Commission to conduct outreach to the community in the categories of (1) education/schools, (2) religious groups, (3) businesses, and (4) non-profits/service organizations regarding opportunities for collaboration. Provide a recommendation to staff regarding opportunities to collaborate (related to DEI Plan Goal C, Item 1.a.i.).

Items for discussion only (no staff time allocated):
a. Educate the community about affordable housing (Town DEI Plan Goal E). b. Develop a community learning opportunity focused on historical inequities and the history of the Town of Los Gatos (Town DEI Plan Item B.3.a). c. Recommend additional action items to the Town Council to make visible the equity issues that matter to the larger community (Town DEI Plan Item A.2.a).

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ITEM NO. 9.

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

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 03/04/2025
ITEM NO: 10
DATE: February 27, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Consider a Recommendation by the Planning Commission to Approve Architecture and Site, Conditional Use Permit, and Subdivision Applications to Demolish Existing Hotel Structures (Los Gatos Lodge), Construct a MultiFamily Residential Development (155 Units), Approve a Condominium Vesting Tentative Map, Site Improvements Requiring a Grading Permit, and Remove Large Protected Trees Under Senate Bill 330 (SB 330) on Property Zoned CH:PD:HEOZ. Located at 50 Los Gatos-Saratoga Road. APNs 529-24-032, 529- 24-001, and 529-24-003. No Additional Environmental Review is Necessary Pursuant to CEQA Guidelines Section 15183: Streamlining Process, Since the Proposed Project’s Environmental Impacts were Adequately Addressed in the 2020 General Plan EIR and/or 2040 General Plan EIR, as Applicable.

Architecture and Site Application S-23-042, Conditional Use Permit Applications U-23-017, and Subdivision Application M-23-009. Property Owner: Keet S. Nerhan. Applicant: SummerHill Homes, LLC. Project Planner:

Sean Mullin.

RECOMMENDATION:

Staff recommends that the Town Council accept the Planning Commission’s recommendation to adopt a resolution to approve Architecture and Site, Conditional Use Permit, and Subdivision applications to demolish existing hotel structures (Los Gatos Lodge), construct a multi-family residential development (155 Units), approve a condominium vesting tentative map, site improvements requiring a Grading Permit, and remove large protected trees under Senate Bill 330 (SB 330) on property zoned CH:PD:HEOZ, located at 50 Los Gatos-Saratoga Road.

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ITEM NO. 10.

PAGE 2 OF 7
SUBJECT: 50 Los Gatos-Saratoga Road/S-23-042, U-23-017, and M-23-009 DATE: February 27, 2025
BACKGROUND:

Senate Bill 330
The Housing Crisis Act of 2019, or SB 330, became effective on January 1, 2020, and will remain in effect until it sunsets on January 1, 2030. SB 330 provides an expedited review process for housing development projects and offers greater certainty by allowing an optional vesting opportunity through the Preliminary Application process. Submittal of a Preliminary Application allows a developer to provide a specific subset of information on the proposed housing development ahead of providing the full amount of information required by the Town for a housing development application. Once the preliminary application is “deemed submitted” and payment of the permit processing fee is made, a vesting date is established, freezing the applicable fees and development standards that apply to the project while the applicant assembles the rest of the materials necessary for a full application submittal. Eligible projects are exempt from discretionary review and must be consistent with objective zoning and design standards. The statute requires that a final decision be made in no more than five public hearings, including appeals. The SB 330 preliminary application for this project achieved a vesting date of June 30, 2023.

State Density Bonus Law
State Density Bonus Law (SDBL) created a mechanism to obtain more favorable development requirements for projects with affordable or senior units. To meet the affordable housing goals, developers are entitled to a density bonus that corresponds to specified percentages of units set aside for very-low, low, or moderate-income households. In addition to the density bonus, SDBL provides three provisions that must be granted to qualifying projects:

1. One or more concession or incentive that provide cost reductions for the development.

Under the law, a concession or incentive includes a reduction in site development standards and/or regulations when such regulations potentially make the project economically infeasible for the developer to build. These can include a reduction in site development standards or modification of zoning or architectural design requirements that exceed minimum building standards. The number of allowed concessions is determined on a sliding scale based on the percentage of units that will be set aside as affordable units and the household income category of those affordable units.

2. Waivers are reductions or modifications of any development standards and other regulations that would physically preclude the development of a project at the density permitted. Development standards include, but are not limited to, height limitations, setback requirements, FAR, open space requirements, or parking requirements that apply to a residential development pursuant to any ordinance, general plan element, policy, resolution, or regulation. There is no limit in the number of waivers an applicant can request through SDBL.

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ITEM NO. 10.

PAGE 3 OF 7
SUBJECT: 50 Los Gatos-Saratoga Road/S-23-042, U-23-017, and M-23-009 DATE: February 27, 2025

3. Reductions in parking requirements provided based on the number of bedrooms in each unit.

The proposed project qualifies for a density bonus and all associated provisions under the SDBL.

Housing Accountability Act - Builder’s Remedy
The California Legislature adopted the Housing Accountability Act (HAA) to "significantly increase the approval and construction of new housing for all economic segments of California's communities by meaningfully and effectively curbing the capability of local governments to deny, reduce the density for, or render infeasible housing development projects" [Gov. Code § 65589.5(a)(2)(K)]. It is the policy of the state that the HAA "be interpreted and implemented in a manner to afford the fullest possible weight to the interest of, and the approval and provision of, housing." [Gov. Code § 65589.5(a)(2)(L)]. The "Builder's Remedy" provision of the HAA specifically prohibits a local agency from relying on inconsistency with zoning and general plan standards as a basis for denial of a qualifying housing development project unless the agency has adopted a sixth cycle housing element in substantial compliance with State law by January 31, 2023. The Town’s sixth cycle housing element was certified by HCD on July 10, 2024. The preliminary application for this project achieved a vesting date of June 30, 2023, prior to certification of the Town’s Housing Element. Therefore, the project qualifies as a Builder's Remedy project. In the project documents, the applicant has invoked their right to Builder’s Remedy, but it has not been implemented. The deviations from the Town’s standards included in the project are requested exclusively through SDBL.

Project Site
The subject property consists of three lots totaling 8.82 acres located on the south side of Los Gatos-Saratoga Road at the intersection with Alberto Way (Exhibit 4). The majority of the property is relatively flat. A steep, densely wooded hillside rises approximately 55 feet to Bella Vista Avenue along the east edge. The property is developed with the Los Gatos Lodge, a hotel that began operation in 1958 and is currently operating, and a two-family residence located on the east side of the property accessed from Bella Vista Avenue. The property has a General Plan designation of Mixed Use Commercial and is zoned CH:PD:HEOZ, or Restricted Commercial Highway with a Planned Development (PD) overlay and a Housing Element Overlay Zone (HEOZ). The PD overlay was approved for the construction and operation of the Los Gatos Lodge. The HEOZ overlay was applied to sites included in the Sites Inventory of the Housing Element and modifies development standards such as density, lot coverage, FAR, and height.

The HEOZ became effective on December 21, 2023. The preliminary application under SB 330 was deemed submitted on June 30, 2023, establishing the vesting date for the application.

Therefore, the application is not subject to the provisions of the HEOZ, including minimum density.

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ITEM NO. 10.

PAGE 4 OF 7
SUBJECT: 50 Los Gatos-Saratoga Road/S-23-042, U-23-017, and M-23-009 DATE: February 27, 2025
On December 20, 2023, the applicant submitted a formal application, within 180-days of the established vesting date as required by state law.

Through the Town’s technical review process, the application was deemed complete on May 7, 2024, within the timelines prescribed by state law. On January 14, 2024, the application was deemed consistent with applicable Town standards, except where waivers were requested, and ready for consideration through the Town’s public hearing process.

On February 12, 2025, the Planning Commission received the Staff Report, received public comments, and discussed the project. The Planning Commission voted unanimously to forward a recommendation to the Council to approve the project with modified conditions of approval.

The Planning Commission Staff Report, Addendum, Desk Item, and verbatim meeting minutes are included as Attachments 3 through 6.

The application includes a Vesting Tentative Map, requiring approval by the Town Council pursuant to Town Code Section 24.10.020. The applicant seeks approval from the Town Council, who will render the final decision on the project.

DISCUSSION:

A. Project Summary:

The applicant proposes demolition of the Los Gatos Lodge and construction of a multifamily residential development consisting of 155 attached units distributed among 28 separate buildings (Attachment 3, Exhibit 17). The applicant submitted a Project Description Letter (Attachment 3, Exhibit 5) and Letter of Justification (Attachment 3, Exhibit 6) discussing the project. New private roadways and alleys would provide circulation throughout the site, taking access from the existing location on Los Gatos-Saratoga Road.

The proposed project also includes a pedestrian pathway from Los Gatos-Saratoga Road to the High School, an emergency vehicle access easement connecting to the High School property, and frontage improvements along Los Gatos-Saratoga Road. A Condition of Approval provides the applicant an opportunity to request in-lieu payment rather than constructing the frontage improvements subject to approval of the Town Engineer (Attachment 2, Exhibit A). Of the 155 proposed units, 26 units would be designated as Below Market Price units.

Full discussion and analysis of the project is provided in the November 13, 2024, Planning Commission Staff Report (Attachment 3).

B. Planning Commission:

On February 12, 2025, the Planning Commission received the staff report, applicant’s presentation, and public comments on the proposed project (Attachments 3 through 6).

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ITEM NO. 10.

PAGE 5 OF 7
SUBJECT: 50 Los Gatos-Saratoga Road/S-23-042, U-23-017, and M-23-009 DATE: February 27, 2025
The Planning Commission voted unanimously to forward a recommendation to the Council to approve the project with a modified condition of approval. Specifically, language was added to Conditions 26 and 40 limiting idling time to two minutes for construction equipment located both on-site and off-site when queuing along roads within Town limits (Attachment 2, Exhibit A). The Planning Commission Staff Report, Addendum, Desk Item, and verbatim meeting minutes are included as Attachments 3 through 6.

Following the February 12, 2025, Planning Commission meeting, the applicant provided an updated construction phasing exhibit, which is included as Attachment 7.

FISCAL IMPACT:

Approving the Architecture and Site, Conditional Use Permit, and Subdivision applications does not impact the Town’s budget.

ENVIRONMENTAL REVIEW:

CEQA Guidelines Section 15183 allows a streamlined environmental review process for projects that are consistent with the densities established by existing zoning, community plan, or general plan policies for which an Environmental Impact Report (EIR) was certified. The Town Council adopted the 2040 General Plan and certified the 2040 General Plan EIR on June 30, 2022. On April 2, 2024, the Town Council voted to rescind the Land Use Element and Community Design Elements of the 2040 General Plan. Therefore, the Town’s current General Plan consists of the Land Use Element and Community Design Element of the 2020 General Plan, and the remaining Elements of the 2040 General Plan. The 2020 General Plan EIR is the effective EIR for the Land Use Element and The Community Design Element. Projects that are consistent with the densities and use characteristics considered by the General Plan EIRs may qualify for the 15183 exemption process.

The 15183 exemption process requires a more detailed environmental analysis than other CEQA statutory and categorical exemptions. Unlike other exemptions, mitigation may also be required under the 15183 process. A project-specific environmental analysis must be completed as part of the 15183 process. Technical studies, such as a biological technical report or a traffic impact analysis, may be required if a project would result in a potential environmental impact.

An Initial Study was prepared for the project, which included a number of project-level technical studies, including: an Air Quality, Greenhouse Gas, Health Risk, and Energy Analysis; Biological Resources Evaluation; Arborist Report; Historic Resources Evaluation; Geotechnical Report; Noise Assessment; and Transportation Analysis (Attachment 1). All technical reports were peer reviewed by the Town or the Town’s consultants. The Initial Study concluded that additional environmental review is not necessary pursuant to CEQA Guidelines Section 15183:

Streamlining Process, since the proposed project’s environmental impacts were adequately

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ITEM NO. 10.

PAGE 6 OF 7
SUBJECT: 50 Los Gatos-Saratoga Road/S-23-042, U-23-017, and M-23-009 DATE: February 27, 2025
addressed in the EIRs prepared for the 2020 General Plan and/or 2040 General Plan, as applicable, and through implementation of applicable General Plan polices identified in the Initial Study for inclusion in the conditions of approval.

PUBLIC COMMENTS:

Project identification signage was installed on the Los Gatos-Saratoga Road and Bella vista Avenue street frontages by June 26, 2024, consistent with Town policy. Visual simulations were completed by the Town’s consultant and posted to the Town’s website by January 28, 2025 (Attachment 3, Exhibit 12). Written notice was sent to property owners and tenants within 1,000 feet of the subject property and notice of public hearing signage was installed on the street frontages by February 21, 2025, in anticipation of the March 4, 2025, Town Council meeting.

Staff conducted outreach through the following media and social media resources, for both the availability of the visual simulations and notice of the public hearing:
 The Town’s website home page, What’s New;
 The Town’s Facebook page;
 The Town’s Twitter account;
 The Town’s Instagram account; and
 The Town’s NextDoor page.

Public comments received by 11:00 a.m., Thursday, February 27, 2025, are included as Attachment 8.

CONCLUSION:

A. Summary
The applicant is requesting approval to demolish existing hotel structures (Los Gatos Lodge), construct a multi-family residential development (155 units), a Conditional Use Permit, a condominium vesting tentative map, site improvements requiring a grading permit, and removal of large protected trees under SB 330 on property zoned CH:PD:HEOZ, located at 50 Los Gatos-Saratoga Road. As detailed above and in the February 12, 2025, Planning Commission Staff Report, the application was submitted and is being processed under SB 330. The project qualifies for a concession and unlimited waivers under SDBL. The applicant has invoked the Builder’s Remedy, but it has not yet been implemented. The deviations from the Town’s standards included in the project are requested exclusively through SDBL for which the applicant provided justification addressing the required findings for each. On February 12, 2025, the Planning Commission forwarded a recommendation of approval to the Council with modified conditions of approval.

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ITEM NO. 10.

PAGE 7 OF 7
SUBJECT: 50 Los Gatos-Saratoga Road/S-23-042, U-23-017, and M-23-009 DATE: February 27, 2025
B. Recommendation
Staff recommends the Town Council adopt the draft Resolution (Attachment 2) to make the required findings and approve the Architecture and Site, Conditional Use Permit, and Subdivision applications subject to the Conditions of Approval.

C. Alternatives
Alternatively, the Council can:

1. Approve the applications with additional and/or modified conditions; or

2. Continue the matter with specific direction; or

3. Deny the applications and make the required findings for denial.

ATTACHMENTS:

1. Final Initial Study – December 24, 2024
(available online at https://www.losgatosca.gov/50LGS)

2. Draft Resolution making the required findings and approving the applications subject to the Conditions of Approval (included as Exhibit A)

3. February 12, 2025, Planning Commission Staff Report, with Exhibits 2 through 17

4. February 12, 2025, Planning Commission Addendum, with Exhibits 18 through 19

5. February 12, 2025, Planning Commission Desk Item, with Exhibit 20

6. February 12, 2025, Planning Commission Verbatim Minutes

7. Updated Construction Phasing Exhibit

8. Public comments received by 11:00 a.m., Thursday, February 27, 2025

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ITEM NO. 10.

This Page
Intentionally
Left Blank

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ITEM NO. 10.

ATTACHMENT 1
Final Initial Study – December 24, 2024 (available online at https://www.losgatosca.gov/50LGS)

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ITEM NO. 10.
1 of 7
Draft Resolution Adoption Date

DRAFT RESOLUTION

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS APPROVING ARCHITECTURE AND SITE APPLICATION S-23-042 FOR A REQUEST TO

DEMOLISH EXISTING HOTEL STRUCTURES (LOS GATOS LODGE),
CONSTRUCT A MULTI-FAMILY RESIDENTIAL DEVELOPMENT (155 UNITS),

SITE IMPROVEMENTS REQUIRING A GRADING PERMIT, AND REMOVAL OF LARGE PROTECTED TREES; CONDITIONAL USE PERMIT U-23-017; AND
CONDOMINIUM VESTING TENTATIVE MAP M-23-009
UNDER SENATE BILL 330 (SB 330) ON PROPERTY ZONED CH:PD:HEOZ.

PROPERTY LOCATION: 50 LOS GATOS-SARATOGA ROAD
APNS; 529-24-032, 529-24-001, AND 529-24-003
ARCHITECTURE AND SITE APPLICATION: S-23-042
CONDITIONAL USE PERMIT APPLICATION: U-23-017
SUBDIVISION APPLICATION: M-23-009
PROPERTY OWNER: KEET S. NERHAN
APPLICANT: SUMMERHILL HOMES, LLC.

WHEREAS, the applicant, Summerhill Homes, LLC, proposes to demolish existing hotel structures (Los Gatos Lodge), construct a multi-family residential development (155 Units); a condominium vesting tentative map, site improvements requiring a Grading Permit, and remove large protected trees under Senate Bill 330 (SB 330); WHEREAS, the project includes an Architecture and Site Application (S-23-042), Conditional Use Permit Application (U-23-017), and Subdivision Application (M-23-009); WHEREAS, on February 12, 2025, the Planning Commission held a public hearing and received testimony from the applicant and all interested persons who wished to testify or submit documents. The Planning Commission considered all testimony and materials submitted, including the packet of materials contained in the Planning Commission Agenda Report for their meeting on February 12, 2025, along with any and all subsequent reports and materials prepared concerning this application, and forwarded a recommendation of approval to the Town Council with modified Conditions of Approval; WHEREAS, this matter came before the Town Council for public hearing on March 4, 2025, and was regularly noticed in conformance with state and Town law; WHEREAS, on March 4, 2025, the Town Council held a public hearing and received testimony from the applicant and all interested persons who wished to testify or submit documents. The Town Council considered all testimony and materials submitted, including the record of the Planning Commission proceedings and the packet of materials contained in the Council Agenda Report for their meeting on March 4, 2025, along with any and all subsequent reports and materials prepared concerning this application; and Draft Resolution to be
modified by Town
Council deliberations
and direction.

ATTACHMENT 2

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WHEREAS, the Town Council was able to make the findings required to approve the Architecture and Site, Conditional Use Permit, and Subdivision applications.

NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Los Gatos does the following:

1. The following findings are made by the Town Council of the Town of Los Gatos. The facts and evidence that support these findings are contained and explained in the record of proceedings for the proposed project, including without limitation the Initial Study and the staff reports for the Planning Commission and Town Council hearings.
(A) Finding required for the California Environmental Quality Act (CEQA):
(1) Additional environmental review of the proposed project is not required pursuant to CEQA Guidelines Section 15183. The proposed project is consistent with the development density established by the Land Use Element of the Town’s 2020 General Plan (which remains applicable following recission of the Land Use and Community Design Elements of the 2040 General Plan by the Town Council), for which the Town certified an Environmental Impact Report (EIR). An Initial Study was prepared for the project in support of this determination. As detailed in the Initial Study, there are no significant environmental impacts that (1) are peculiar to the proposed project or the project site that were not analyzed as significant effects in the prior General Plan EIRs, (2) are potentially significant off-site impacts and cumulative impacts that were not discussed in the prior General Plan EIRs, or (3) are previously identified significant effects that, as a result of substantial new information, are determined to have a more severe adverse impact than discussed in the prior General Plan EIRs.
(2) Regarding impacts that are not peculiar to the parcel or to the proposed project, that have been addressed as a significant effect in the prior EIRs, or that can be substantially mitigated by the imposition of uniformly applied development policies or standards, an additional EIR need not be prepared for the proposed project solely on the basis of such impacts. (3) Applicable feasible mitigation measures specified in the Mitigation Monitoring and Reporting Programs (MMRP) for the 2020 General Plan EIR and/or the 2040 General Plan EIR, as applicable, will be imposed on the project through the Conditions of Approval.
(B) Finding required for consistency with the Town’s Applicable General Plan:

Pursuant to SB 330, the Town’s General Plan applicable to the proposed project consists of the 2020 General Plan Land Use and Community Design Elements and the 2040 General Plan excluding those two Elements, all as in effect on the date

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the applicant submitted its SB 330 preliminary application. The applicable General Plan Land Use Element designates the project site as Mixed Use Commercial, which permits a residential use in a mixed use project. The applicant has requested a concession to the mixed use requirement, proposing an exclusively residential project. With the requested concession, the proposed project is consistent with the Town’s applicable General Plan. (C) Findings required to deny a Subdivision application:

As required by Section 66474 (a) through (g) of the State Subdivision Map Act, the map shall be denied if any of the findings listed in that Section are made.

None of the findings could be made to deny the application.

Instead, the Town Council makes the following affirmative findings:
• That the proposed map is consistent with all elements of the applicable General Plans.
• That the design and improvement of the proposed subdivision is consistent with all elements of the applicable General Plans.
• That the site is physically suitable for the type of development. • That the site is physically suitable for the proposed density of development. • That the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat.
• That the design of the subdivision and type of improvements is not likely to cause serious public health problems.
• That the design of the subdivision and the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.
(D) Findings required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit:

The Town Council, on the basis of the evidence submitted at the hearing, grants the conditional use permit as specifically authorized by the provisions of the Town Code, finding that:
(1) The proposed use is desirable to the public convenience because it provides additional residential dwelling units in the Town;
(2) The proposed use would not impair the integrity of the zone, in that the proposed use is allowed in the CH zone with the granting of the concession pursuant to State Density Bonus Law;
(3) The proposed use would not be detrimental to public health, safety, or general welfare, as the conditions placed on the permit and existing

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regulations would maintain the welfare of the community; and (4) The proposed use is in conformance with the Town Code and applicable General Plans with the granting of the concession pursuant to SDBL. (E) Findings required for compliance with the Zoning Regulations:

The project meets the objective standards of Chapter 29 of the Town Code (Zoning Regulations) with the concession and waivers requested pursuant to State Density Bonus Law.
(F) Findings required for compliance with the Town of Los Gatos Objective Design Standards for Qualifying Multi-Family and Mixed-Use Residential Development:

The project meets the Town of Los Gatos Objective Design Standards for Qualifying Multi-Family and Mixed-Use Residential Development with the waivers requested pursuant to State Density Bonus Law.
(G) Findings required for granting a concession or incentive and waivers pursuant to State Density Bonus Law:
(1) Government Code Section 65915 Findings for Denial of a Requested Concession(s) or incentive(s):
(a) The Town shall grant concession(s) or incentive(s) requested by the applicant unless the Town makes a written finding, based upon substantial evidence, of any of the following:
(i) The concession or incentive does not result in identifiable and actual cost reductions, consistent with subdivision (k), to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c).
(ii) The concession or incentive would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households.
(iii) The concession or incentive would be contrary to state or federal law.
(iv) The Town makes none of the above findings and therefore grants the requested concession.

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(2) Government Code Section 65915(a)(2) Findings for Denial of Requested Waivers:
(a) The Town shall grant waivers to the Town’s development standards requested by the applicant unless the Town makes a written finding, based upon substantial evidence, that the development standard for which the waiver is requested would not physically preclude the construction of the development at the densities and with the concession permitted through Density Bonus Law.
(b) The Town does not make the above finding and therefore grants the requested waivers.
(H) Findings required for consistency with California Government Code Section 65863 regarding state RHNA requirements, the Town’s Housing Element Sites Inventory, and No Net Loss Law:

As required for approval of a development of any parcel with fewer units by income category than was identified in the Town’s Housing Element for that parcel:
(1) The project provides fewer Very Low, Low, and Moderate Income units than anticipated in the Housing Element Sites Inventory, but more Above Moderate Income units, producing a net cumulative deficit of 105 units for the site. Nonetheless, the project allows the Town to maintain positive surplus capacity in its Housing Element overall and in each income category.

The remaining capacity of the Housing Element is adequate to meet the requirements of Section 65583.2 and to accommodate the Town’s share of the regional housing needs assessment (RHNA) pursuant to Section 65584.

As required by Government Code Section 65863, the following No Net Loss findings are made:
(a) Remaining sites identified in the Housing Element are adequate to meet the Town’s remaining RHNA for the planning period by income category.

Findings: The remaining capacity of the Housing Element sites are adequate to meet the Town’s remaining RHNA with approval of this project. The Town is not required to identify additional sites to accommodate the remaining RHNA as a result of this project. (b) Include a quantification of the remaining unmet need for the jurisdiction’s RHNA at each income level and the remaining capacity of sites identified in the Housing Element, to accommodate that need by income level.

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Findings: The remaining unmet need for the Town’s RHNA at each income level and the remaining capacity of the Housing Element is provided in the table below. The remaining capacity at each income level of the Housing Element and overall is greater than the remaining unmet RHNA need at each income level and overall. The Town is not required to identify additional sites to accommodate the remaining RHNA as a result of this project.

Remaining RHNA and Housing Element Capacity
Units by Income Category
Very Low Low Moderate Above
Moderate
Total
Remaining RHNA 537 294 310 695 1,836
Remaining Capacity
of Housing Element
608 335 349 817 2,109
(I) Considerations required in review of Architecture and Site applications:

As required by Section 29.20.150 of the Town Code, the applicable considerations in review of an Architecture and Site application were all made in reviewing this project.

2. The Town Council of the Town of Los Gatos approves Architecture and Site Application (S-23-042), Conditional Use Permit Application (U-23-017), and Subdivision Application (M-23-009) to demolish existing hotel structures (Los Gatos Lodge), construct a multi-family residential development (155 Units), approve a condominium vesting tentative map, site improvements requiring a Grading Permit, and remove large protected trees under Senate Bill 330 (SB 330) on property zoned CH:PD:HEOZ, located at 50 Los Gatos-Saratoga Road subject to the attached Conditions of Approval included as (Exhibit A).

3. The decision constitutes a final administrative decision pursuant to Code of Civil Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the Town of Los Gatos. Any application for judicial relief from this decision must be sought within the time limits and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or such shorter time as required by state and federal Law.

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PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 4th day of March, 2025, by the following vote:

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:
___________________________________

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
ATTEST:
____________________________________

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA

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ITEM NO. 10.

TOWN COUNCIL – March 4, 2025

CONDITIONS OF APPROVAL
50 Los Gatos-Saratoga Road
Architecture and Site Application S-23-042
Conditional Use Permit Application U-23-017
Subdivision Application M-23-009
Consider a Request for Approval to Demolish Existing Hotel Structures (Los Gatos Lodge), to Construct a Multi-Family Mixed-Use Residential Development (155 Units), a Conditional Use Permit for a Mixed-Use Development, a Condominium Vesting Tentative Map, Site improvements Requiring a Grading Permit, and Removal of Large Protected Trees Under Senate Bill 330 (SB 330) on Property Zoned CH:PD:HEOZ.

APNs 529-24-032, 529-24-001, and 529-24-003. No Additional Environmental Review is Necessary Pursuant to CEQA Guidelines Section 15183, Because the Project’s Environmental Impacts were Adequately Addressed in the 2020 General Plan EIR and/or 2040 General Plan EIR, as Applicable.

Property Owner: Keet S. Nerhan
Applicant: SummerHill Homes, LLC
Project Planner: Sean Mullin
TO THE SATISFACTION OF THE COMMUNITY DEVELOPMENT DIRECTOR:

Planning Division

1. APPROVAL: This project is vested to the ordinances, policies, and standards in effect on June 30, 2023, and these conditions of approval conform to those ordinances, policies, and standards. This application shall be completed in accordance with all of the conditions of approval and in substantial compliance with the approved plans. Any changes or modifications to the approved plans and/or business operation shall be approved by the Community Development Director, DRC, or the Planning Commission depending on the scope of the changes.

2. EXPIRATION: The approval will expire two years from the approval date pursuant to Section 29.20.320 of the Town Code, unless the approval has been vested.

3. BELOW MARKET PRICE (BMP) UNIT: The developer shall provide 26 for sale BMP units (16 low income units and 10 moderate income units) to be sold at a price that is affordable to the target household income range, as required by the Town’s applicable BMP Program Guidelines and the applicable BMP Resolution. A deed restriction shall be recorded prior to the issuance of any building permits for residential units, stating that the BMP unit must be sold and maintained as a below market price unit pursuant to the Town’s BMP Ordinance and Guidelines.

4. AFFORDABLE HOUSING AGREEMENT: Prior to issuance of building permits for residential units, the developer shall enter into an Affordable Housing Agreement with the Town for provision of the required BMP units and to facilitate their sale pursuant to the BMP

EXHIBIT A

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ITEM NO. 10.

Program Guidelines and BMP Resolution in place at the time of building permit issuance.

5. PHASING OF THE CONSTRUCTION OF BMP UNITS: The BMP units shall be constructed and Certificate of Occupancies secured in proportion with or prior to the construction of the market rate units.

6. OUTDOOR LIGHTING: Prior to final inspection, exterior lighting shall be kept to a minimum, and shall be down directed fixtures that will not reflect or encroach onto adjacent properties. No flood lights shall be used unless it can be demonstrated that they are needed for safety or security.

7. TREE REMOVAL PERMIT: A Tree Removal Permit shall be obtained for any trees to be removed, prior to the issuance of Building and/or Grading Permits. Per Town Code Section

26.20.010 and Chapter 29, Article 1, Division 2, the developer shall obtain a tree removal permit prior to the removal of protected trees on private or Town property. The project developer shall abide by any tree replacement ratios and/or in-lieu payments, tree protection measures, and best management practices required by the tree removal permit and/or within an updated arborist report.

8. EXISTING TREES: All existing trees shown on the plan and trees required to remain or to be planted are specific subjects of approval of this plan, and must remain on the site.

9. ARBORIST REQUIREMENTS: Prior to issuance of Building and/or Grading Permits, the developer shall implement, at their cost, all recommendations identified in the Arborist’s report for the project, on file in the Community Development Department. These recommendations must be incorporated in the Building Permit plans and completed prior to issuance of a building permit where applicable and shall remain through all phases of construction.

10. TREE FENCING: Prior to issuance of Building and/or Grading Permits, protective tree fencing and other protection measures consistent with Section 29.10.1005 of the Town Code shall be placed as shown on the Tree Protection Plan (Sheet T-5) of the approved plans prior to issuance of demolition and building permits and shall remain through all phases of construction. Include a tree protection plan with the construction plans.

11. TREE STAKING: Prior to final inspection, all newly planted trees shall be double-staked using rubber tree ties.

12. LANDSCAPING: Prior to issuance of the Certificate of Occupancy for the 155th unit, all landscaping must be completed.

13. WATER EFFICIENCY LANDSCAPE ORDINANCE: The final landscape plan shall meet the Town of Los Gatos Water Conservation Ordinance or the State Water Efficient Landscape Ordinance (WELO), whichever is more restrictive. Submittal of a Landscape Documentation Package pursuant to WELO is required prior to issuance of Building and/or Grading Permits. This is a separate submittal from your Building Permit. A review deposit based on the current fee schedule adopted by the Town Council is required when working landscape and irrigation plans are submitted for review. A completed WELO Certificate of Completion Appendix C) is required prior to final inspection/certificate of occupancy.

14. PROJECT IDENTIFICATION SIGNAGE: Project identification signage on the project site shall be removed within 30 days of final action on the applications.

15. PEDESTRIAN ACCESS PATH: Prior to issuance of the Certificate of Occupancy for the 155th unit, the pedestrian access path connecting Los Gatos-Saratoga Road with Los Gatos High

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ITEM NO. 10.

School shown along the west property line shall be completed.

16. ROOFTOP EQUIPMENT: Prior to final inspection, any new or modified roof mounted equipment shall be fully screened.

17. MONUMENT SIGN: The monument/neighborhood sign shown on Sheet L2.1 requires separate approval of a Sign Permit and a separate Building Permit.

18. WORKER ENVIRONMENTAL AWARENESS TRAINING: Prior to issuance of tree removal, demolition, Building, and/or Grading Permits, a qualified biologist shall conduct a training session for all construction personnel. At a minimum, the training shall include a description of special-status species potentially occurring in the project vicinity, including, but not limited to, San Francisco dusky-footed woodrat, special-status bats, and nesting birds and raptors. Their habitats, general measures that are being implemented to conserve species as they relate to the project, and the boundaries within which disturbance activities will occur shall be explained. Informational handouts with photographs clearly illustrating the species’ appearances shall be used in the training session. All new construction personnel shall undergo this mandatory environmental awareness training. A letter report documenting the completion of training shall be prepared and submitted to Town of Los Gatos, where it shall be kept on file.

19. SPECIAL-STATUS BAT SPECIES: The following measures shall be implemented to avoid loss of or harm to special-status bat species:
a. Prior to issuance of tree removal, demolition, Building, and/or Grading Permits, approximately 14 days prior to tree removal or any construction activities, a qualified biologist shall conduct a habitat assessment for bats and potential roosting sites in trees or buildings within 50 feet of the construction easement. These surveys shall include a visual inspection of potential roosting features (bats need not be present) and a search for presence of guano within the project site, construction access routes, and 50 feet around these areas. Cavities, crevices, exfoliating bark, and bark fissures that could provide suitable potential nest or roost habitat for bats shall be surveyed.

Assumptions can be made on what species is present due to observed visual characteristics along with habitat use, or the bats can be identified to the species level with the use of a bat echolocation detector such as an “Anabat” unit. Potential roosting features found during the survey shall be flagged or marked. b. If no roosting sites or bats are found, a letter report shall be prepared by the biologist and submitted to Town of Los Gatos no more than 14 days prior to tree removal or any construction activities, where it shall be kept on file, and no further measures are required.
c. If special-status bat species or their roosting sites are found, the bats shall not be disturbed without specific notice to and consultation with California Department of Fish and Wildlife.
d. The nursery season is typically from May 1 to October 1. If special-status bat species are found roosting outside of the nursery season, California Department of Fish and Wildlife shall be consulted prior to any eviction or other action. If avoidance or postponement is not feasible, a Bat Eviction Plan shall be submitted to California Department of Fish and Wildlife for written approval prior to project implementation.

A request to evict bats from a roost includes details for excluding bats from the roost

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ITEM NO. 10.
site and monitoring to ensure that all bats have exited the roost prior to the start of activity and are unable to re-enter the roost until activity is completed. Any bat eviction shall be timed to avoid lactation and young-rearing. If bats are found roosting during the nursery season, they shall be monitored to determine if the roost site is a maternal roost. This could occur by either visual inspection of the roost bat pups, if possible, or by monitoring the roost after the adults leave for the night to listen for bat pups. Because bat pups cannot leave the roost until they are mature enough, eviction of a maternal roost cannot occur during the nursery season. Therefore, if a maternal roost for special-status bat species is present, a 50-foot buffer zone (or different size if determined in consultation with the California Department of Fish and Wildlife) shall be established around the roosting site within which no construction activities including tree removal or structure disturbance shall occur until after the nursery season.

20. PROTECTED NESTING BIRDS: Prior to issuance of tree removal, demolition, Building, and/or Grading Permits, to avoid impacts to nesting birds during the nesting season (January 15 through September 15), all construction activities should be conducted between September 16 and January 14, which is outside of the bird nesting season. If construction or project-related work is scheduled during the nesting season (February 15 to August 30 for small bird species such as passerines; January 15 to September 15 for owls; and February 15 to September 15 for other raptors), a qualified biologist shall conduct nesting bird surveys.
a. Two surveys for active bird nests shall occur within 14 days prior to start of ground disturbance, with the final survey conducted within 48 hours prior to ground disturbance. Appropriate minimum survey radii surrounding each work area are typically 250 feet for passerines, 500 feet for smaller raptors, and 1,000 feet for larger raptors. Surveys shall be conducted at the appropriate times of day to observe nesting activities. Locations off the site to which access is not available may be surveyed from within the site or from public areas. If no nesting birds are found, a letter report confirming absence shall be prepared and submitted to the Town of Los Gatos and no further protective measures are required.
b. If the qualified biologist documents active nests within the project site or in nearby surrounding areas, an appropriate buffer between each nest and active construction shall be established. The buffer shall be clearly marked and maintained until the young have fledged and are foraging independently. Prior to construction, the qualified biologist shall conduct baseline monitoring of each nest to characterize “normal” bird behavior and establish a buffer distance, which allows the birds to exhibit normal behavior. The qualified biologist shall monitor the nesting birds daily during construction activities and increase the buffer if birds show signs of unusual or distressed behavior (e.g., defensive flights and vocalizations, standing up from a brooding position, and/or flying away from the nest). If buffer establishment is not possible, the qualified biologist or construction foreman shall have the authority to cease all construction work in the area until the young have fledged and the nest is no longer active. Once the absence of nesting birds has been confirmed, a letter report shall be prepared and submitted to the Town of Los Gatos.

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ITEM NO. 10.

21. DUSKY-FOOTED WOODRATS: Prior to issuance of tree removal, demolition, Building, and/or Grading Permits, this project will implement the following standard measures to minimize impacts on woodrats and active woodrat nests on the project site. a. PRECONSTRUCTION SURVEY. A qualified biologist will conduct a preconstruction survey for San Francisco dusky-footed woodrat nests within 30 days of the start of work activities. If active woodrat nests are determined to be present in, or within 10 feet of the impact areas, the conditions below (Avoidance and/or Nest Relocation) will be implemented, as appropriate. If no active woodrat nests are present on or within 10 feet of impact areas, no further conditions are warranted. b. AVOIDANCE. Active woodrat nests that are detected within the work area will be avoided to the extend feasible. Ideally, a minimum 10-foot buffer will be maintained between project activities and woodrat nests to avoid disturbance. In some situations, a small buffer may be allowed if, in the opinion of a qualified biologist, nest relocation (below) would represent a greater disturbance to the woodrats than the adjacent work activities.
c. NEST RELOCATION. If avoidance of active woodrat nests within and immediately adjacent to (within 10 feet of) the work areas is not feasible, then nest materials will be relocated to suitable habitat as close to the project site as possible (ideally, within or immediately adjacent to the project site).

Relocation efforts will avoid the peak nesting season (February-July) to the maximum extent feasible. Prior to the start of construction activities, a qualified biologist will disturb the woodrat nest to the degree that all woodrats leave the nest and seek refuge outside of the construction area. Disturbance of the woodrat nest will be initiated no earlier than one hour before dusk to prevent the exposure of woodrats to diurnal predators. Subsequently, the biologist will dismantle and relocate the nest material by hand. During the deconstruction process, the biologist will attempt to assess if there are juveniles in the nest. If immobile juveniles are observed, the deconstruction process will be discontinued until a time when the biologist believes the juveniles will be capable of independent survival (typically after 2 to 3 weeks). A no-disturbance buffer will be established around the nest until the juveniles are mobile. The nest may be dismantled once the biologist has determined that adverse impacts on the juveniles would not occur.

22. PROTECTION OF OFFSITE WATERS/WETLANDS: Prior to issuance of tree removal, demolition, Building, and/or Grading Permits, the applicant shall provide evidence that waterways adjacent to the project site through the use of best management practices for erosion control and vehicle/equipment fueling shall be protected. This shall include the installation of silt fencing between the project site and the adjacent drainage channel. The silt fencing shall prevent soil from washing off the project site into offsite waterways.

Potential fuel spills and leaks from construction vehicle/equipment fueling operations shall be prevented from entering the adjacent drainage channel. Designated fueling areas should be on a level grade and must be at least 50 feet from any waterway.

23. ENERGY CONSERVATION AND ENERGY EFFICIENCY:
a. The use of energy conservation techniques and technology in existing and proposed

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ITEM NO. 10.
developments to improve energy conservation is encouraged. b. The use of renewable energy sources and alternative fuels is encouraged. c. Examine the feasibility of incorporating site layouts that allow for passive solar and heating and cooling.
d. Incorporate measures that reduce energy use through solar orientation by taking advantage of shade, prevailing winds, landscaping and sun screens. e. Use energy- and resource-efficient and ecologically sound designs, technologies, and building materials, as well as recycled materials to promote sustainability; f. Reductions in the use of nonrenewable resources in building construction, maintenance, and operations is encouraged.
g. Green roofs and common space for community gardens is encouraged. h. Achievement of third-party green building certification, such as the GreenPoint Rated program, LEED rating system, Living Building Challenge, or an equivalent is encouraged.

24. CULTURAL/ARCHAEOLOGICAL RESOURCES AND HUMAN REMAINS: Prior to issuance of a tree removal, demolition, and/or grading permit for the project, a Secretary of the Interior-qualified archaeologist shall prepare a tribal cultural resources monitoring plan, in consultation with and approved by a culturally-affiliated Native American tribe(s). The plan shall be reviewed and approved by the Community Development Director. The plan shall include (but not be limited to) the following components:
a. Preconstruction training program for all construction and field workers involved in site disturbance: On-site personnel shall attend a mandatory pre-project training led by a Secretary of the Interior-qualified archaeologist and a Native American representative.

The training will occur prior to any ground disturbing activities and issuance of tree removal permits. The training will outline the general cultural sensitivity of the area and the procedures to follow in the event cultural materials and/or human remains are inadvertently discovered. The archaeologist will provide the following documentation to the Town of Los Gatos Planning Division: date (or dates) of the training, signatures of construction personnel at the training session(s), and materials used in the training. The applicant shall provide a copy of the contract to the Planning Division, prior to issuance of tree removal, demolition, Building, and/or Grading Permits.
b. Specifically, where monitoring will be conducted and under what circumstances, based on soil types, geology, distance to known sites, and other factors; c. Person(s) responsible for conducting monitoring activities, including a request to the culturally-affiliated Native American tribe(s) for a tribal monitor; d. Person(s) responsible for overseeing and directing the monitor; e. How the monitoring shall be conducted and the required format and content of monitoring reports;
f. Schedule for submittal of monitoring reports and person(s) responsible for review and approval of monitoring reports;
g. Protocol for notifications in case of encountering cultural resources, as well as methods of dealing with the encountered resources (e.g., collection, identification, curation);

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ITEM NO. 10.
h. Methods to ensure security of cultural resources sites; i. Protocol for notifying local authorities (i.e. Sheriff, Police) should site looting or other illegal activities occur during construction.
j. During the course of the monitoring, the archaeologist may adjust the frequency— from continuous to intermittent—of the monitoring based on the conditions and professional judgment regarding the potential to impact resources. k. If tribal cultural materials are encountered, all soil-disturbing activities within 50 feet in all directions of the find shall cease until the resource is evaluated. The archaeologist shall immediately notify the lead agency of the encountered resource.

After making a reasonable effort to assess the identity, integrity, and significance of the encountered resource, in consultation with a culturally-affiliated Native American tribe(s), the archaeologist shall present the findings of this assessment to the Community Development Director. If the find is determined by the archaeologist to be potentially significant, the archaeologist, in consultation with the Community Development Director, a culturally-affiliated Native American tribe(s), and the developer, shall determine an appropriate treatment plan in accordance with CEQA Sections 20183.2 and 21084.3 and with CEQA Guidelines Section 15126.4(b)(3), to the extent applicable.

25. WATER CONSERVATION:
a. Landscaping and hardscaping shall be designed to minimize water usage and enhance water conservation.
b. The landscaping shall comply with the Bay-Friendly Landscaping Guidelines and the landscaping standards in the GreenPoint Rated Building Guidelines. c. Water-efficient irrigation management systems and devices, such as evapotranspiration or soil moisture-based irrigation controls, shall be installed. d. The development shall meet all applicable wastewater treatment demands and Federal and State regulations.

26. BEST MANAGEMENT PRACTICES: The following measures shall be implemented during construction activities to reduce PM2.5 concentrations:
a. 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.
b. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. c. 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.
d. All vehicle speeds on unpaved roads shall be limited to 15 mph. e. 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.
f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 2 minutes (as required by the Bay Area Air Quality Management District). Clear signage shall be provided for construction workers at all access points. This requirement applies to on-site construction

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equipment and any off-site construction equipment queuing on or along roads within Town limits.
g. 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.
h. All excavation, grading, and/or demolition activities shall be suspended when average wind speeds on site exceed 20 mph.
i. All trucks and equipment, including their tires, shall be washed off prior to leaving the site.
j. Unpaved roads providing access to sites located 100 feet or further from a paved road shall be treated with a 6- to 12-inch layer of compacted layer of wood chips, mulch, or gravel.
k. Publicly visible signs shall be posted with the telephone number and name of the 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 General Air Pollution Complaints number shall also be visible to ensure compliance with applicable regulations.

27. GEOTECHNICAL REPORT AND SEISMIC DESIGN: Prior to issuance of Building and/or Grading Permits, preparation of a design level geotechnical report and implementation of seismic design features is required:
a. Site the development away from high risk geologic and seismic hazard zones or, if located in a high-risk zone, incorporate construction techniques or specialized technologies to reduce risk. Restrict new development and redevelopment based on the levels of risk and potential severity of geologic hazards. b. A geotechnical report prepared by a licensed engineering geologist and/or geotechnical engineer identifying all site geologic, seismic, and geotechnical engineering conditions and potential hazards and include appropriate design measures to mitigate potential fault ground rupture/deformation impacts to acceptable levels. The report shall specify construction methods to protect existing and future residences, from identified hazards.
c. A licensed geologic/geotechnical engineer shall complete the Town Geologic Hazards Checklist to demonstrate that potential hazards have been identified and that proposed structures, including grading cuts and fills, will be designed to resist potential earthquake effects.
d. Incorporate all engineering and design recommendations included in the 50 Los-Gatos Saratoga Road, California Preliminary Geotechnical Exploration (“geotechnical report”) prepared for the project by ENGEO Incorporated in February 2024 and included in the peer review report by Cotton, Shires and Associates, Inc. on April 1, 2024.

28. EROSION CONTROL PLANS: Prior to issuance of Building and/or Grading Permits:
a. Provide an effective erosion control plan to minimize soil erosion. The erosion control plans shall be implemented prior to construction operations and maintained throughout the construction process.
b. Ensure that the grading of slopes and sites proposed for development will be minimized.

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c. Implement bioswales and other innovations so runoff from parking lots drain into landscaped areas and rainwater percolates into the ground.

29. CONSTRUCTION NOISE:
a. Construction activities shall comply with Section 16.20.035 of the Town Code. b. Construction activities shall not result in interior residential noise levels exceeding 45 dB.
c. Appropriate site and building design, sound walls, minimum landscape buffers of five feet, and/or the use of noise attenuating construction techniques and materials be used in order to protect existing and proposed residential areas from noise, in order to reduce project construction noise and associated impacts.

30. CONSTRUCTION VIBRATION:
a. The use of vibratory rollers (i.e., compactors) within 50 feet of buildings that are susceptible to damage from vibration is prohibited.
b. 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 2005).
c. Notify neighbors of scheduled construction activities that would generate vibration which would require standard conditions of approval to minimize exposure to construction vibration.

31. REUSABLE MATERIALS: All reusable materials from residential, commercial, and construction/renovation activities shall be recycled.

32. TOWN INDEMNITY: Applicants are notified that Town Code Section 1.10.115 requires that any applicant who receives a permit or entitlement (“the Project”) from the Town shall defend (with counsel approved by Town), indemnify, and hold harmless the Town, its agents, officers, and employees from and against any claim, action, or proceeding (including without limitation any appeal or petition for review thereof) against the Town or its agents, officers or employees related to an approval of the Project, including without limitation any related application, permit, certification, condition, environmental determination, other approval, compliance or failure to comply with applicable laws and regulations, and/or processing methods (“Challenge”). Town may (but is not obligated to) defend such Challenge as Town, in its sole discretion, determines appropriate, all at applicant’s sole cost and expense.

Applicant shall bear any and all losses, damages, injuries, liabilities, costs and expenses (including, without limitation, staff time and in-house attorney’s fees on a fully-loaded basis, attorney’s fees for outside legal counsel, expert witness fees, court costs, and other litigation expenses) arising out of or related to any Challenge (“Costs”), whether incurred by Applicant, Town, or awarded to any third party, and shall pay to the Town upon demand any Costs incurred by the Town. No modification of the Project, any application, permit certification, condition, environmental determination, other approval, change in applicable laws and regulations, or change in such Challenge as Town, in its sole discretion, determines appropriate, all the applicant’s sole cost and expense. No modification of the Project, any application, permit certification, condition, environmental

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determination, other approval, change in applicable laws and regulations, or change in processing methods shall alter the applicant’s indemnity obligation.

33. COMPLIANCE MEMORANDUM: A memorandum shall be prepared and submitted with the building plans detailing how the Conditions of Approval will be addressed.

Building Division

34. PERMITS REQUIRED: A Demolition Permit is required for the demolition of the existing structures. A separate Building Permit is required for the construction of each new detached structure.

35. APPLICABLE CODES: The current codes, as amended and adopted by the Town of Los Gatos as of January 1, 2023, are the 2022 California Building Standards Code, California Code of Regulations Title 24, Parts 1-12, including locally adopted Energy Reach Codes.

36. CONDITIONS OF APPROVAL: The Conditions of Approval must be blue lined in full on the cover sheet of the construction plans. A Compliance Memorandum shall be prepared and submitted with the building permit application detailing how the Conditions of Approval will be addressed.

37. BUILDING & SUITE NUMBERS: Submit requests for new building addresses to the Building Division prior to submitting for the building permit application process.

38. SIZE OF PLANS: Minimum size 24” x 36”, maximum size 30” x 42”.

39. REQUIREMENTS FOR COMPLETE DEMOLITION OF STRUCTURE: Obtain a Building Department Demolition Application and a Bay Area Air Quality Management District Application for the removal of each existing structure. Once the demolition form has been completed, all signatures obtained, and written verification from PG&E that all utilities have been disconnected, submit the completed form to the Building Department with the Air District’s J# Certificate, PG&E verification, and site plans showing all existing structures, existing utility service lines such as water, sewer, and PG&E. No demolition work shall be done without first obtaining a permit from the Town.

40. AIR QUALITY: To limit the project’s construction-related dust and criteria pollutant emissions, the following the Bay Area Air Quality Management District (BAAQMD)- recommended basic construction measures shall be included in the project’s grading plan, building plans, and contract specifications:
a. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 2 minutes. Clear signage shall be provided for construction workers at all access points. This requirement applies to on-site construction equipment and any off-site construction equipment queuing on or along roads within Town limits.
b. 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. All non-road diesel construction equipment shall at a minimum meet Tier 3 emission standards listed in the Code of Federal Regulations Title 40, Part 89, Subpart B, §89.112.
c. Developer shall designate an on-site field supervisor to provide written notification of construction schedule to adjacent residential property owners and tenants at least one week prior to commencement of demolition and one week prior to

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commencement of grading with a request that all windows remain closed during demolition, site grading, excavation, and building construction activities in order to minimize exposure to NOx and PM10. The on-site field supervisor shall monitor construction emission levels within five feet of the property line of the adjacent residences for NOx and PM10 using the appropriate air quality and/or particulate monitor.

41. SOILS REPORT: A Soils Report, prepared to the satisfaction of the Building Official, containing foundation, and retaining wall design recommendations, shall be submitted with the Building Permit Application. This report shall be prepared by a licensed Civil Engineer specializing in soils mechanics.

42. SHORING: Shoring plans and calculations will be required for all excavations which exceed five (5) feet in depth, or which remove lateral support from any existing building, adjacent property, or the public right-of-way. Shoring plans and calculations shall be prepared by a California licensed engineer and shall confirm to the Cal/OSHA regulations.

43. FOUNDATION INSPECTIONS: A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project Building Inspector at foundation inspection.

This certificate shall certify compliance with the recommendations as specified in the Soils Report, and that the building pad elevations and on-site retaining wall locations and elevations have been prepared according to the approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered Civil Engineer for the following items:
a. Building pad elevation
b. Finish floor elevation
c. Foundation corner locations
d. Retaining wall(s) locations and elevations

44. TITLE 24 ENERGY COMPLIANCE: All required California Title 24 Energy Compliance Forms must be blue-lined (sticky-backed), i.e., directly printed, onto a plan sheet.

45. SITE ACCESSIBILITY: Prior to issuance of a certificate of occupancy for each unit, at least one accessible route within the boundary of the site shall be provided from public transportation stops, accessible parking and accessible passenger loading zones and public streets or sidewalks to the unit. The accessible route shall, to the maximum extent feasible, coincide with the route for the general public. At least one accessible route shall connect all accessible buildings, facilities, elements and spaces that are on the same site.

46. BACKWATER VALVE: As required by Town Ordinance 6.40.020, provide details for any required sanitary sewer backwater valve on the plans and provide its location. The Town of Los Gatos Ordinance and West Valley Sanitation District (WVSD) requires backwater valves on drainage piping serving fixtures that have flood level rims less than 12 inches above the elevation of the next upstream manhole.

47. HAZARDOUS FIRE ZONE: All projects in the Town of Los Gatos require Class A roof assemblies.

48. SPECIAL INSPECTIONS: When a special inspection is required by CBC Section 1704, the Architect or Engineer of Record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of the Building Permit. The Town Special Inspection form must be completely filled-out and signed by all requested

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parties prior to permit issuance. Special Inspection forms are available online at www.losgatosca.gov/building.

49. BLUEPRINT FOR A CLEAN BAY SHEET: The Town standard Santa Clara Valley Nonpoint Source Pollution Control Program Sheet (page size same as submitted drawings) shall be part of the plan submittal as the second page. The specification sheet is available online at www.losgatosca.gov/building.

50. APPROVALS REQUIRED: The project requires the following departments and agencies approval before issuing a building permit:
a. Community Development – Planning Division: (408) 354-6874 b. Engineering/Parks & Public Works Department: (408) 399-5771 c. Santa Clara County Fire Department: (408) 378-4010
d. West Valley Sanitation District: (408) 378-2407
e. Local School District: The Town will forward the paperwork to the appropriate school district(s) for processing. A copy of the paid receipt is required prior to permit issuance.

TO THE SATISFACTION OF THE DIRECTOR OF PARKS & PUBLIC WORKS:

Engineering Division

THE FOLLOWING CONDITIONS SHALL BE ADDRESSED OR NOTED ON THE CONSTRUCTION PLANS

SUBMITTED FOR ANY BUILDING OR GRADING PERMIT, OR IF ANOTHER DEADLINE IS SPECIFIED IN A CONDITION, AT THAT TIME.

51. THIRD-PARTY PLAN REVIEWER AND PUBLIC WORKS INSPECTOR – The Town will procure a third-party engineering firm to perform Plan Review and Inspection Services. Applicant shall provide a $50,000 initial deposit to the Town for these Services plus additional Town fees as necessary. This deposit is required at the time of the project building permit submittal. Once this deposit is received, the Town will select the consultant and initiate the plan review process. The Applicant’s deposit will be charged on a time and materials basis. A supplemental deposit will be required if the remaining deposit is expected to be exhausted prior to completion of the work. Permitted work will not be allowed to continue without available funds to complete required inspection services. Third-party consultant Services will be required for the duration of the construction and project closeout phases. .

52. STORM DRAINAGE FEE – The applicant shall pay Storm Drainage Fees for the future construction of drainage facilities serving new buildings, improvements, or structures to be constructed which substantially impair the perviousness of the surface of land. The estimated fee, based on the site area of 8.82 acres, is $45,908.10. This fee is only an estimate. The actual impact fee will be calculated based on building permit plans submitted, and the fees approved by the Town Council in place at the time of the building permit submittal. The fee shall be collected by the Public Works Department and paid prior to issuance of the certificate of occupancy for each building.

53. TRAFFIC IMPACT FEES – The project is subject to the Town’s Traffic Impact Fee for the

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generation of an estimated 518 net new average daily trips based on the traffic study submitted by Hexagon Transportation Consultants dated October 7, 2024. The Town’s Fee Schedule in effect at the time of vesting indicates a fee of $1,104 per additional average daily trip. This results in an estimated total amount due of $571,872. Payment of all Impact Fees are required prior to the issuance of the certificate of occupancy for each building.

54. CONSTRUCTION ACTIVITIES MITIGATION FEE (ORDINANCE 2189) - Per the Town’s Comprehensive Fee Schedule, the project is subject to the Town’s Construction Activities Mitigation Fee based on new buildings. The fee is $1.43 per square foot of new residential building area. The fee shall be calculated based on the square footage total for all units shown on the construction plans to the approval of the Town Engineer. Payment of this fee shall pe paid prior to issuance of the certificate of occupancy for each building

55. PERMITS REQUIRED BY OTHER AGENCIES – The applicant shall obtain all applicable permits from federal, state, and local agencies as required to construct the proposed improvements. The applicant is hereby informed that permits may be required by one (1) or more of the following: Army Corps of Engineers, Fish and Wildlife (1603), JARPA (The Bay Area Joint Aquatic Resources Permit Application), Regional Water Quality Control Board, Santa Clara County Roads and Airports, Valley Water, or Habitat Permit. If project is within jurisdiction of any of these agencies, verification of permit or waiver of permit must be given to the Public Works Department prior to issuance of any required Town permits. If the Town is required to be a party to the permit application and a fee is required, the applicant shall reimburse the Town for its cost. A copy of these permits shall be provided to the satisfaction of the Town Engineer prior to the issuance of the PPW permit.

56. CALTRANS PERMIT – Prior to the issuance of the first building permit, the applicant must submit evidence to the Public Works Department of approval by the State of California for the performance of any work within the State right of way. If the Town is required to be a party to the permit application and a fee is required, the applicant shall reimburse the Town for its cost. The Applicant is encouraged to contact the Caltrans permit office as soon as possible to learn what is required to obtain Caltrans approval and issuance of a State Encroachment Permit.

57. GRADING PERMIT – A grading permit is required for all site grading and drainage work that is outside the perimeter of a building, retaining wall footing, or other structure authorized by a valid building permit. The applicant must submit a grading permit application after the appeal period of the entitlement approval process has passed. A grading permit will be issued prior to or concurrently with the Building Permit as approved by the Town Engineer. Submittals are accepted through Accela only. The grading permit application shall include detailed grading plans and associated required materials. Prior to approval of the grading permit, the applicant shall provide faithful performance and payment securities for the performance of the work described and delineated on the approved grading plan, interim erosion and sedimentation control plan (if required), and final erosion and sedimentation control plan, in an amount to be set by the Town Engineer (but not to exceed one hundred (100) percent) of the approved estimated cost of the grading and erosion and sedimentation control measures. The form of security shall

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be one or a combination of the following to be determined by the Town Engineer and subject to the approval of the Town Attorney: (1) Bond or bonds issued by one or more duly authorized corporate sureties on a form approved by the Town. (2) Deposit with the Town, money, or negotiable bonds of the kind approved for securing deposits of public monies, or other instrument of credit from one or more financial institutions subject to regulation by the State or Federal Government wherein such financial institution pledges funds are on deposit and guaranteed for payment. Plan check fees are based on the scope of onsite work.

The permit shall be limited to work shown on the grading plans approved by the Town Engineer. In granting a permit, the Town Engineer may impose any condition deemed necessary to protect the health, safety and welfare of the public, to prevent the creation of a nuisance or hazard to public or private property, and to assure proper completion of the grading including but not limited to: (1) Mitigation of adverse environmental impacts. (2) Improvement of any existing grading or correction of any existing grading violation to comply with the standards of Chapter 12 of the Town Code. (3) Requirements for fencing or other protection of grading which would otherwise be hazardous. (4) Requirements for dust, erosion, sediment and noise control, hours of operation and season of work, weather conditions, sequence of work, access roads, and haul routes. (5) Requirements for safeguarding watercourses from excessive deposition of sediment or debris in quantities exceeding natural levels. (6) Assurance that the land area in which grading is proposed and for which habitable structures are proposed is not subject to hazards of land slippage or significant settlement or erosion and that the hazards of seismic activity or flooding can be eliminated or adequately reduced. (7) Temporary and permanent landscape plans.

58. ENCROACHMENT PERMITS, BONDS, AND INSURANCE – The applicant must obtain an encroachment permit, posting the required bonds and insurance, and provide a one (1) year warranty for all work to be done in the Town's right of way or Town easement. This encroachment permit shall be obtained prior to the issuance of a foundation building permit and prior to any work being done in the Town's right of way. All existing public utilities shall be protected in place and, if necessary, relocated as approved by the Town Engineer. No permanent structures are permitted within the Town right-of-way, or within any easement unless otherwise approved by the Town Engineer. All public improvements shall be made according to the Town’s latest adopted Standard Plans, Standard Specifications, and Engineering Design Standards, subject to approved waivers or reductions of development standards. The applicant shall have street improvement plans prepared for all work in the public right of way by a licensed civil engineer, whose signed engineer’s stamp shall appear on the plans. Any proposed changes to the approved plans shall be subject to the approval of the Town prior to the commencement of any altered work. The project engineer shall notify, in writing, the Town Engineer at least seventy-two (72) hours in advance of all the proposed changes. Any approved changes shall be incorporated into the final “as-built” plans.

Prior to issuance of the encroachment permit, the applicant shall submit any applicable

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temporary traffic control plans inclusive of all modes of travel for any lane or sidewalk closures. Special provisions such as limitations on works hours, protective enclosures, or other means to facilitate public access in a safe manner may be required. The traffic control plan shall comply with the State of California Manual of Uniform Traffic Control Devices (MUTCD), and standard construction practices.

Final construction plans and specifications shall be approved by the Town Engineer and released for construction prior to the issuance of the encroachment permit. The applicant is required to confirm the location of existing utility lines along the project frontage by potholing. Prior to any potholing, applicant shall submit a pothole plan for Town review and approval. Applicant shall provide the pothole result to the Town Engineer prior to final design.

New concrete shall be free of stamps, logos, names, graffiti, etc. Any new concrete installed that is damaged shall be removed and replaced at the Contractor’s sole expense.

Right-of-way improvements shall include, at a minimum, the following items:
a. STREET MARKINGS - The applicant shall install necessary street markings of a material and design approved by the Town Engineer. These include but are not limited to all pavement markings, painted curbs, and handicap markings. All permanent pavement markings shall be thermoplastic and comply with Caltrans Standards. Color and location of painted curbs shall be shown on the plans and are subject to approval by the Town Engineer. Any existing painted curb or pavement markings no longer required shall be removed by grinding if thermoplastic, or sand blasting if in paint. b. SIDEWALK IMPROVEMENTS - The applicant shall construct 8’ wide sidewalk along the Saratoga-Los Gatos Road project frontage between the Caltrans interchange and the Bella Vista Avenue overcrossing. The improvements shall be designed and shown on the project off-site construction plans to the approval of the Town Engineer. Sidewalk improvements shall be constructed prior to issuance of the occupancy certificate for the 101st unit. In-lieu of the sidewalk design and construction, the Town Engineer may accept an offer of payment in lieu of the construction of the improvements. The sidewalk in-lieu payment shall then be used to pay for future sidewalk improvements, or other related multi-mobility enhancements, in the vicinity of the project. The estimated value of the sidewalk improvements has been provided by the developer and approve by the Town Engineer with a value of $245,000. Should the Town decide to pursue the payment option in-lieu of the sidewalk construction, payment in-lieu of sidewalk construction shall be paid prior to the issuance of the occupancy certificate for the 101st unit.
c. CURB RAMP(S) - The applicant shall construct all ADA curb ramps at the project intersection of Alberto Way at Saratoga-Los Gatos Road to accommodate pedestrian traffic to allow for crossing along the east side of the intersection and to access the sidewalk on the northside of Los Gatos-Saratoga Rd in accordance with the latest Caltrans State Standard Drawings and to the approval of the Town Engineer. The actual ramp "Case" shall be identified on the plans and shall be to the approval of the

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Town Engineer. These six (6) curb ramps shall be constructed prior to occupancy of the first building. Ramps on the north side of Los Gatos-Saratoga Road will be required so long as their construction does not require significant signal modifications to the approval of the Town Engineer.
d. SEWER CLEAN-OUT - The applicant shall install the sewer lateral clean-out at the property line in accordance with the West Valley Sanitation District standards. Sewer clean-out(s) shall be constructed prior to occupancy of the first building. e. MULTI-USE PATHWAY – The applicant shall construct a multi-use pathway along the western portion of the property between the Alberto Way intersection and the Los Gatos High School boundary in the location as shown on the approved plans. The pathway shall provide 12’ clear width and include a 10’ wide paved section along its entirety and include, at a minimum, an egress point at the southern terminus to allow users to exit the trail when the school has closed its access point. The pathway shall be designed and constructed to withstand the weight of maintenance vehicles (10,000 lbs.). The terminus of the pathway at the southern end shall provide access to the shared property line between the development site and Los Gatos High School as shown on the approved plans. There shall not be a condition where users of the pathway are trapped at the southern end without any egress options. If the applicant wishes to install a fence between the development area and the pathway, an egress point shall be provided as shown on the approved plans. The multi-use pathway shall be completed prior to the issuance of the certificate of occupancy for the units in Buildings 1 through 4. The applicant shall enter into a Multi-use Pathway Maintenance Agreement with the Town to maintain in perpetuity the pathway in a safe and useable condition as determined by the Town Engineer. The agreement shall be recorded prior to the certificate of occupancy of for the units in Buildings 1 through 4. Language to ensure adherence to the Multi-use Pathway Maintenance Agreement shall be incorporated into the project’s CC&Rs.

59. PARKING AREAS – The applicant shall submit plans for all required off street parking areas showing proper grading, drainage, ramps profile, and parking dimensions in conformance with Town parking standards, subject to approved waivers or reductions of development standards. The plans shall be approved by the Town Engineer prior to the issuance of the first building permit.

60. PARKING AREA DRAINAGE – Parking areas and other impervious areas shall be designed to drain stormwater runoff to vegetated drainage swales, filter strips, and/or other Low Impact Development (LID) treatment devices that can be integrated into required landscaping areas and traffic islands prior to discharge into the storm drain system and/or public right-of-way. The applicant shall pave the streets and alleys to meet Santa Clara County Fire Department requirements and be structurally appropriate for the location.

61. BICYCLE PARKING – The applicant shall provide both long-term bicycle storage and shortterm bicycle racks on-site, as shown on the approved site plan, to the approval of the Town Engineer.

62. TREE REMOVAL PERMIT – The applicant shall apply and obtain a Tree Removal Permit from the Parks and Public Works Department for the removal of existing trees on-site or in the public right-of-way prior to the issuance of a building permit or demolition building

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permit, whichever is issued first. An arborist report may be required by the Town Arborist prior to the removal of any tree. The Town shall allow removal of all trees as shown on the approved plans and as approved by the Arborist report.

63. PHASED PERMITS – The applicant may, with the approval of the Town Engineer, phase construction permits to expedite the construction process. If this is done, each phase of the work will require a separate and complete set of plans to be submitted, reviewed, and approved prior to the issuance of the said permit. Overlapping of permits may occur, if approved by the Town Engineer. No work on the next phase of construction, in advance of the permitted work may occur. No “at risk” work will be permitted. Phased work may include the following unless approved by the Town Engineer:
a. Clearing-Grubbing/Rough Grading
b. Fine Grading
c. Underground Utilities
d. Site Improvements
e. Off-Site Improvements
Plans shall be submitted, reviewed, and approved by the Town Engineer prior to the commencement of work.

64. CONSTRUCTION PHASE PLAN SUBMITTAL REQUIREMENTS – The Grading Permit Plans and Public Improvement Plans (together referred to as “Improvement Plans”) shall be submitted as a set to Parks and Public Works Department along with a title report dated no older than 30 days from the date the Improvement Plans are submitted. All improvements shall be designed and constructed in accordance with applicable Federal law, State law, Los Gatos Town Code, and the Los Gatos Standard Specifications and Details.

Construction drawings shall comply with Section 1 (Construction Plan Requirements) of the Town’s Engineering Design Standards, which are available for download from the Town’s website. The Improvement Plans shall include, at a minimum:
a. A cover sheet with at least the proposed development vicinity map showing nearby and adjacent major streets and landmarks, property address, APN, scope of work, project manager and property owner, a “Table of Responsibilities” summarizing ownership, access rights, and maintenance responsibilities for each facility (streets, utilities, parks, landscaping, etc.), a sheet index including a sequential numeric page number for each sheet (i.e. “Sheet 1 of 54”), the lot size, required and proposed lot setbacks by type, proposed floor areas by type for each building, average slope, proposed maximum height, and required and proposed parking count and type. b. The Approved Conditions of Approval printed within the plan set starting on the second sheet of the plan set.
c. An Existing Site Plan showing existing topography, bearing and distance information for all rights-of-way, easements, and boundaries, any existing easements proposed to be quit-claimed, existing hardscape, existing above ground utility features, and existing structures. The Improvement Plans shall identify the vertical elevation datum, date of survey, and surveyor responsible for the data presented.

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d. A Proposed Site Plan showing proposed topography, boundaries, proposed and existing to remain easements, hardscape, above ground utility features (hydrants, transformers, control cabinets, communication nodes, etc.), and structures. Include top and bottom elevations of every inflection point of each wall. Show proposed public right-of-way improvements. Distinguish proposed linework from existing linework using heavier line type for proposed.
e. A Grading and Drainage Plan clearly showing existing onsite and adjacent topography using labeled contour lines, drainage direction arrows with slope value, and break lines. Proposed and existing to remain hardscape elevations must be provided in detail including slope arrows.
f. A Utility Plan showing appropriate line types and labels to identify the different types of utilities and pipe sizes. Utility boxes, hydrants, backflow preventers, water meters, sanitary sewer cleanouts, etc. shall be located on private property unless otherwise approved by the Town Engineer.
g. A Photometric Lighting Plan analyzing the full-width of the adjacent right-of-way. The plan shall show the average maintained horizontal illumination in foot-candles and the average to minimum uniformity ratio. Lighting shall be in compliance with the Town’s Standard Specification section 2.38.
h. The signal head alignment on the northern side of the intersection shall align with the outbound travel lanes from the development to the approval of the Town Engineer. If modifications to the signals are needed, a Traffic Signal Plan shall include a conduit schedule, conduit plan, pole locations, streetlights, intersection striping, power connection, and meter locations.
i. A Landscaping Plan for the project site and the full width of the public right-of-ways adjacent to the project. The plans shall clearly identify public and private utilities and points of demarcation between the two.
j. A Composite Plan showing civil, landscape, electrical, and joint trench locations combined on one drawing to identify potential conflicts between disciplines. The Composite Plan shall include the size, location, and details of all trenches, locations of building utility service stubs and meters, and placements or arrangements of junction structures as a part of the Improvement Plan submittals for the project. Show preferred and alternative locations for all utility vaults and boxes if project has not obtained PG&E approval. A licensed Civil or Electrical Engineer shall sign the composite drawings and/or utility improvement plans. (All dry utilities shall be placed underground except transformers and any other equipment required by the utility provider to be placed above ground, as shown on the approved plans). A note shall be placed on the joint trench composite plans which states that the plan agrees with applicable Town Codes and Standards and that no underground utility conflict exists. k. General Notes found in the Town of Los Gatos General Guidelines. l. A statement in the general notes indicating the need to obtain a Caltrans Oversized/Overweight Vehicles Transportation Permit if oversized or overweight vehicles are expected to be used
m. A statement that all utility boxes in vehicular pathways shall be traffic-rated.

65. STANDARD PLAN COMPLIANCE – The project shall comply with the Town’s Standard Plans

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to the approval of the Town Engineer, subject to approved waivers and reductions of development standards. Street improvements, all street sections, the design of all off-site storm drainage facilities shall be in accordance with applicable Town Standard Specifications and Standard Plans approved by the Town Engineer. Improvements deemed necessary by the Town Engineer shall be shown on the Improvement Plans.

66. EXISTING FACILITY PROTECTION AND REPAIR – All existing public utilities shall be either protected in place, relocated, or repaired. The applicant shall repair or replace all existing improvements not designated for removal, and all new improvements that are damaged during construction or removed because of the Applicant’s operations. This includes sidewalk, curb and gutter, streetlights, valley gutters, curb ramps, and any other existing improvements in the area that are not intended to be removed and replaced. The applicant shall request a walk-through with the PPW construction Inspector before the start of construction to verify existing conditions. Said repairs shall be completed prior to issuance of the first certificate of occupancy of the project.

67. UTILITIES – All new services to the development shall be "underground service" designed and installed in accordance with the various utility regulations. Underground utility plans must be submitted to the Town and approved by the Town Engineer prior to installation.

68. UTILITY RESPONSIBILITIES – Storm sewer utilities in private areas shall be privately owned and privately maintained. The public storm sewer system is owned and maintained by the Town of Los Gatos. The water system in Los Gatos is owned and maintained by San José Water Company. The sanitary sewer system in Los Gatos is owned and maintained by West Valley Sanitation District. Public utilities within utility easements on private property remain the responsibility of the individual utility companies to maintain.

69. UTILITY COMPANY COORDINATION – The applicant shall negotiate any necessary right-ofway or easements with the various utility companies in the area, subject to the review and approval by the Town Engineer and the utility companies. Prior to the approval of the site plan for construction, the applicant shall submit “Will Serve” letters from PG&E, San Jose Water, West Valley Sanitation District, and either Comcast, Frontier, AT&T, or Verizon, as applicable, with a note indicating either a list of improvements that are necessary to serve the project, or a statement that there are no required improvements to the existing network. Early coordination with the utility companies is necessary to obtain this letter since a detailed review of the project demands will be necessary to confirm system capacity. Coordination of Town utilities shall be through the Town Engineer.

70. PREPARATION OF ELECTRICAL PLANS – All street lighting and traffic signal electrical plans shall be prepared by a California registered professional engineer experienced in preparing these types of plans. The Applicant shall submit necessary stamped and signed Traffic Signal Plan with the Improvement Plans.

71. EXTERIOR SITE LIGHTING STANDARDS – The applicant shall submit a photometric plan for on-site lighting showing lighting levels in compliance with the Town Standard Specifications section 2.38. The plan shall show the minimum maintained horizontal illumination in foot-candles and the uniformity ratio for all areas. This lighting standard is applicable to all publicly-accessibly parking areas, driveways, and streets. Private spaces not accessible to the public are not required to meet this standard. The lighting system

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ITEM NO. 10.
shall be so designed as to limit light spill beyond property lines and to shield the light source from view from off site. The photometric plan shall be approved by the Town Engineer and shall be addressed on the construction plans submitted for the first building permit. Any subsequent building permits that include any site lighting shall also meet these requirements.

72. STORM DRAINAGE STUDY – The applicant shall submit a Storm Drainage Study for the development including pre- and post-development peak discharge rates for 2-, 10-year, and 100-year (50-percent, 10-percent, and 1-percent annual chance) storm events including supporting hydraulic calculations for proposed pipe sizing. The study must also address sizing computation and design details for stormwater quality systems proposed with the development. The study shall include an evaluation of the project site drainage including topography, natural drainage patterns, and existing man-made diversions (structures, raised pads, fences, etc.). The Applicant shall submit the study for review and approval by the Town Engineer. If the study indicates that the theoretical water surface elevation or hydraulic grade line of the proposed development during a 10-year storm event is above ground level at any point, the applicant will be required to mitigate the impact by modifying the existing utilities necessary to accommodate 120 percent of the projected 10-year storm event flow from existing and proposed development through the system. An evaluation indicating how the project grading, in conjunction with the drainage conveyance systems (including applicable swales, channels, street flows, catch basins, storm drains, and flood water retarding) will allow building pads to be safe from inundation from rainfall runoff which may be expected from all storms up to and including the theoretical 100-year event. The Town Code requires that new structures not experience flooding within the livable space. The improvements shall be addressed on the construction drawings, to the approval of the Town Engineer, prior to the issuance of the first building permit.

73. STORMWATER MANAGEMENT PLAN – Prior to the issuance of any construction phase permit, the applicant shall submit and receive approval from the Town Engineer of a Storm Water Management Plan (“SWMP”). The SWMP shall comply with the California Water Board regulations and delineate site design measures, source control measures, low-impact-development (LID) treatment measures, hydromodification management measures, and construction site controls as appropriate. The Plan must indicate erosion protection measures for the inlet structures (e,g., pipe outlets, pump dissipator pipes, and/or bubblers). For the BAHM analysis, the applicant must provide additional information regarding the four pump stations’ pump operations and intended routing during various runoff conditions (i.e., treatment runoff vs. HM controls) and the rationale for the pump size selected relative to the treatment flow rate. The Applicant shall update the BAHM analysis to conform to project conditions to the satisfaction of the Town Engineer and include a summary of the changes made to the BAHM analysis since the entitlement plan review for review by the C3 consultant. The Applicant must select and indicate bioretention area plants capable of withstanding and surviving the higher design ponding conditions. If pumps continue to be proposed, the Applicant must:
a. Provide pump discharge rates that receiving bioretention areas are capable of treating, to avoid consistently overwhelming the bioretention areas.

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ITEM NO. 10.
b. Submit sizing calculations and pump curves for the pumps in subsequent submittals.

This is required to ensure that they can handle the water quality design flow rate throughout the storm event.
c. The applicant must integrate an alarm system that will notify a 24-hour response service of any stormwater pump failure. Maintenance response service shall have a maximum 24-hour response time to address pump failures. Language must be included in the CC&Rs stipulating the HOA executes an agreement with a maintenance firm capable of responding within an hour of an alarm.

If off-site improvements modify the quantities of regulated and unregulated off-site impervious area, the Applicant must update Section 2, item “d” and Section 8 of the C.3 Data Form to reflect those changes.

The SWMP shall analyze the existing and final conditions inclusive of all proposed facilities and features. The plan must include accommodations for historic drainage traversing the parcel. The applicant must provide an updated C3 Data Form and supporting calculations outlining the designer’s approach to compliance with the current Municipal Regional Stormwater Permit. In the event that the building/grading permit plans differ significantly from the entitled plans, the Town Engineer may require a modification of the Planning approval prior to release of any building permit. The Applicant’s Stormwater Management Plan will be reviewed by the Town’s C3 consultant. A deposit was collected during the entitlement phase for work with the Town’s C3 consultant. Construction level documents will now be reviewed by the Town’s C3 consultant. The applicant will be required to make supplemental deposit(s) if the current deposit is exhausted or nearly exhausted.

74. DEVELOPER STORM WATER QUALITY RESPONSIBILITY – The Applicant is responsible for ensuring that all contractors including subcontractors are aware of all stormwater quality measures and implement such measures. The applicant shall perform all construction activities in accordance with approved Improvement Plans, Los Gatos Town Code Chapter 12 – Grading, Erosion and Sediment Control, and the National Pollutant Discharge Elimination System (NPDES) General Permit. Failure to comply with these rules and regulations will result in the issuance of correction notices, citations, or a project stop order.

75. SITE DRAINAGE – Rainwater leaders shall be discharged to splash blocks. No through curb drains will be allowed. Any storm drain inlets (public or private) directly connected to public storm system shall be stenciled/signed with appropriate “NO DUMPING - Flows to Bay” NPDES required language using methods approved by the Town Engineer on all storm inlets surrounding and within the project parcel. Furthermore, storm drains shall be designed to serve exclusively stormwater. Dual-purpose storm drains that switch to sanitary sewer are not permitted in the Town of Los Gatos. No improvements shall obstruct or divert runoff to the detriment of an adjacent, downstream or down slope property.

76. CLEAN, INSPECT, AND REPAIR STORM LINE – If the project plans to connect to the public storm drainage system, the applicant is required to evaluate the conditions of the existing storm lines along the project frontage by videotaping and providing the result to the Town

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ITEM NO. 10.

Engineer. The applicant shall clean and inspect (via remote TV camera) the storm line from the manhole upstream to the manhole downstream of the project area. The video inspection shall be done by a professional video inspection company, to Town standards, and be completed prior to building permit issuance. The video of the inspection shall be reviewed with the Department of Parks and Public Works and any cracked or broken sections of the line along the project frontage shall be repaired by the Applicant at their expense, to the approval of the Town Engineer. The required repairs shall appear on the Improvement Plans submitted by the applicant for permit plan check. All necessary repairs to the storm line shall be completed and approved prior to connection to the storm drainage system from the project site.

77. GRADING & DRAINAGE WINTER MORATORIUM – All grading activity shall comply with the Municipal Regional Stormwater Permit and Chapter 12 of the Town Code. There shall be no earthwork disturbance or grading activities between October 15th and April 15th of each year unless approved by the Town Engineer. In order to be considered for approval, the applicant must submit a Winterization Erosion Control Plan certified by a California certified QSD to the Town Engineer for review and approval. If grading is allowed during the rainy season, a maximum of two (2) weeks is allowed between clearing of an area and stabilizing/building on the exposed area. The submission of a certified plan does not guarantee approval. Any approved and executed plan must be kept on-site while the project is in construction.

78. SWPPP AND EROSION CONTROL – The applicant shall prepare and submit a comprehensive stormwater pollution prevention plan (SWPPP) inclusive of interim and final erosion control plans to the Town Engineer for review and approval. The interim erosion control plan(s) shall include measures carried out during construction before final landscaping is installed. Multiple phases of interim erosion control plans may be necessary depending on the complexity of the project. Interim erosion control best management practices may include silt fences, fiber rolls, erosion control blankets, Town approved seeding mixtures, filter berms, check dams, retention basins, etc. The applicant shall install, maintain, and modify the erosion control measures as needed to continuously protect downstream water quality. In the event an emergency modification is deemed necessary, the applicant is to implement necessary measures to protect downstream waterways immediately and then submit the changes made within 24-hours to the Town Engineer for review and approval. The applicant shall provide the Town Engineer the assigned Notice of Intent (NOI) permit number received after filing a Notice of Intent under the Construction Stormwater General Permit.

The erosion control plans and SWPPP shall be in compliance with applicable measures contained in the most current Santa Clara County National Pollutant Discharge Elimination System (NPDES) Municipal Regional Permit (MRP). Link to website:
https://www.waterboards.ca.gov/rwqcb2/board_decisions/adopted_orders/2022/R2- 2022-0018.pdf
Monitoring for erosion and sediment control is required and shall be performed by the Qualified SWPPP Developer (QSD) or Qualified SWPPP Practitioner (QSP) as required by

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ITEM NO. 10.
the Construction General Permit. The applicant must take measures to ensure continuous compliance with the Construction General Permit. All test submitted to the regional board must also be submitted to the Town Engineer. Any fees or penalties assessed against the Town in response to the applicant’s failure to comply with the Permit must be paid by the applicant.

The Parks and Public Works Department and the Building Department will conduct periodic NPDES inspections of the site throughout the recognized storm season to verify compliance with the Construction General Permit and Stormwater ordinances and regulations.

79. SITE TRIANGLE AND TRAFFIC VIEW AREA – Fencing, landscaping, and permanent structures shall be less than 3-feet in height or have a minimum vertical clearance of 7.5- feet if located within the driveway view area, traffic view area, or corner sight triangle.

The driveway and intersection site triangles are represented on Town Standard Drawing ST-231. The traffic view area and corner sight triangle are shown on Town Standard Drawing ST-232. This includes all above ground obstructions including utility structures, for example electric transformers. The various clearance lines shall be shown on the site plan to demonstrate compliance.

80. GEOTECHNICAL ENGINEER REVIEW FOR GRADING – Prior to building permit issuance, the applicant’s Geotechnical Engineer shall submit a design level geotechnical report. The report will require a peer review by the Town’s geological and geotechnical consultant. A deposit for the peer review of this report has been paid during the entitlement review.

The Town will route the design level geotechnical report to the Town’s peer review consultant once the design level report is submitted. Once approved, the geotechnical engineer shall review the grading and drainage plan and proposed pavement and foundation design to verify that the design is in accordance with their recommendations.

The applicant’s Geotechnical Engineer’s approval shall be conveyed to the Town either by letter or by signing and stamping the plans. All grading operations and soil compaction activities shall be per the approved project’s design level geotechnical report. The applicant shall add this condition to the general notes on the grading plan.

81. GEOTECHNICAL ENGINEER OBSERVATION – All grading activities shall be conducted under the observation of, and tested by, a licensed geotechnical engineer. A report shall be filed with the Town of Los Gatos for each phase of construction stating that all grading activities were performed in conformance with the requirements of the project’s design level geotechnical report. The applicant shall submit a Final Geotechnical Construction Observation and Testing Summary in an “as-built” letter/report prepared and submitted to the Town prior to issuance of the certificate of occupancy. The applicant shall add this condition to the general notes on the grading plan.

82. PRECONSTRUCTION MEETING – After the issuance of any Grading or Encroachment permit and before the commencement of any on or off-site work, the applicant shall request a pre-construction meeting with the Parks and Public Works Inspector to discuss the project conditions of approval, working hours, site maintenance, and other construction matters. At that meeting, the applicant shall submit a letter acknowledging that:

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ITEM NO. 10.
a. They have read and understand these project Conditions of Approval; b. They will require that all project sub-contractors read and understand these project Conditions of Approval; and,
c. They ensure a copy of these project Conditions of Approval will be posted on-site at all times during construction.

83. FLOOR DRAINS – All floor drains shall be plumbed to connect to the sanitary sewer system only. Site design must facilitate drainage away from building floor drains.

84. GARBAGE/RECYCLE STORAGE AND SERVICE – The applicant shall provide an adequate area for storing garbage and recycling collection containers for scheduled servicing by the Town’s solid waste collection provider, as shown on the approved plans. The collection containers shall be brought to the service area on the day of service and returned to the storage enclosure by the property owner that same day. The containers are not to be in public view or in the public right-of-way prior to, or beyond the scheduled service times. A letter from West Valley Collection and Recycling confirming serviceability and site accessibility shall be provided to the Town Engineer for approval prior to the approval of the site plan for construction.

85. SITE LANDSCAPING COORDINATION – The site landscaping shall be coordinated between the stormwater treatment area and the overall site landscaping plan area. The landscaping within the stormwater treatment area may not count towards the site landscaping requirement. Stormwater treatment areas should be identified on the site first, and then site landscaping added to make sure the correct plant material is identified for each area. Some site landscaping plant material may not be suitable in stormwater treatment areas due to the nature of the facility but may pass under the stormwater treatment facilities as long as the sewer line is below the lowest point of the stormwater treatment facility and the sewer pipe does not contain any joints within the stormwater treatment area to the approval of the Town Engineer. It is the applicant’s responsibility to coordinate the civil stormwater treatment facilities and the plans from the project landscaper.

86. TRAFFIC SIGNAL MODIFICATIONS – The Applicant shall modify the project driveway interface with Los Gatos-Saratoga Rd as needed to accommodate the final configuration of the driveway and frontage improvements. These modifications may include traffic signal modifications, lane configuration changes, and associated striping modifications. All designs shall be to the approval of Caltrans, as applicable, and the Town Engineer. Any required improvements shall be installed prior to the occupancy certificate of the first building. Any improvements within the Caltrans right of way shall be subject to approval by Caltrans.

87. TRANSPORTATION DEMAND MANAGEMENT PLAN (TDM) – Prior to issuance of the 101st certificate of occupancy, a detailed, sustainable, and measurable TDM program with accountability requirements to ensure the TDM measures are achieved shall be implemented by the developer. The TDM programs or facilities shall encourage transit use for all types of trips.

THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO THE APPROVAL OF THE FINAL MAP, OR

IF ANOTHER DEADLINE IS SPECIFIED IN A CONDITION, AT THAT TIME

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ITEM NO. 10.

88. DEDICATION OF EASEMENT – The applicant shall dedicate a 16-foot wide Public Access Easement (PAE) along the northwest side of the project, as shown on the vested Tentative Map to the Town for public use of the multi-use pathway. The Applicant shall also dedicate Emergency Vehicle Access Easements (“EVAE”), Private Storm Drian Easements (“PSDE”), Private Sanitary Sewer Easements (“PSSE”), Public Utility Easements (“PUE”), and Waterline Easements (“WLE”) as noted on the vesting Tentative Map. All easements shall be conveyed by on the Final Map and perfected with a grant deed documentation including plats and legals depicting the dedications. The applicant shall prepare the easement conveyance documents for review to the approval of the Town Engineer. The easement shall be recorded with the County of Santa Clara prior to the issuance of the building permit.

89. TEMPORARY CONSTRUCTION EASEMENT – Prior to the issuance of a grading or building permit, it shall be the sole responsibility of the project to obtain any and all proposed or required easements and/or permissions necessary to perform any work on neighboring private property herein proposed. Proof of agreement/approval is required prior to the issuance of any Permit.

90. SUBDIVISION (FINAL) MAP – The applicant shall have a Final Map prepared by a person authorized to practice land surveying in California that delineates all parcels created or deleted and all changes in lot lines in conformance with the Los Gatos Town Code and the Subdivision Map Act. The Final Subdivision Map shall be approved by the Department of Parks and Public Works and recorded by the County Recorder’s Office prior to the issuance of the first building permit.

The Final Map shall be presented to the Town Council for review and action. The Town Council meeting will be scheduled approximately fifty (50) days after the Final Map is deemed technically correct and Improvement Plans with supporting documents, reports, and agreements are approved by the Town. Executed Final Map shall be recorded prior to the issuance of any grading or building permits. Existing buildings shall be demolished prior to the recordation of the map if they will conflict with any newly created lot line.

A map guarantee shall be submitted to the Town by the Applicant’s title company prior to release of the map to the title company for recordation. Prior to the Town’s release of the Subdivision (Final) Map to the title company, the applicant may, at the discretion of the Town Engineer, be required to submit to the Town an electronic copy of the map in the AutoCAD Version being used by the Town at the time of recordation. It is the applicant's responsibility to check with their title company and the County Recorder’s Office to determine the time necessary to have the map recorded after Town approval.

91. SUBDIVISION IMPROVEMENT AGREEMENT (“SIA”) – The applicant shall enter as a contractor into an agreement with the Town per Town Code Section 24.40.020, Gov. Code Section 66462(a), and shall arrange to provide Payment and Performance bonds each for 100 percent of the cost of public infrastructure improvements to be constructed in the public right-of-way. These improvements shall include, but not be limited to, roadway construction, sidewalk, curb and gutter, storm lines, street lights, and signal equipment.

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ITEM NO. 10.

Town Standard insurance shall be provided per the terms of the agreement. The agreement will be forwarded to the Town Council for approval with project Final Map.

The SIA shall be approved by the Town Council prior to approval of the final map.

92. MONUMENTS – The applicant shall arrange for the engineer to have all monuments set per the recorded final map. A certificate letter by the Surveyor or Engineer stating the monuments are set per plan shall be provided to the Town Engineer prior to occupancy.

93. COVENANTS, CONDITIONS & RESTRICTIONS (CC&R) – The applicant shall prepare and submit draft project Covenants, Conditions and Restrictions (CC&R) for the project. The CC&Rs shall be submitted with the project map for review and approval of the Town Engineer, the Town Attorney, and the Planning Manager. The CC&Rs shall include relevant project Conditions of Approval and shall include language that restricts the Homeowner’s Association from making changes to the CC&Rs without first obtaining approval from the Town. The CC&Rs shall be reviewed and approved prior to the Town Council approval of the final map.

94. PAYMENT OF WEST VALLEY SANITATION DISTRICT FEES – All sewer connection and treatment plant capacity fees shall be paid either immediately prior to the recordation of any subdivision or tract maps with respect to the subject property or properties or immediately prior to the issuance of a sewer connection permit, which ever event occurs first. Written confirmation of payment of these fees shall be provided to the Town Engineer prior to map recordation.

THE FOLLOWING CONDITIONS SHALL BE MET PRIOR TO RELEASE OF UTILITIES, FINAL

INSPECTION, OR ISSUANCE OF A CERTIFICATE OF OCCUPANCY, WHICHEVER OCCURS FIRST, OR IF ANOTHER DEADLINE IS SPECIFIED IN A CONDITION, AT THAT TIME.

95. RECORD DRAWINGS – The applicant shall submit a scanned PDF set of stamped record drawings and construction specifications for all off-site improvements to the Department of Parks and Public Works. All underground facilities shall be shown on the record drawings as constructed in the field. The applicant shall also provide the Town with an electronic copy of the record drawings in the AutoCAD Version being used by the Town at the time of completion of the work. The applicant shall also submit an AutoCAD drawing file of all consultants composite basemap linework showing all public improvements and utility layouts. This condition shall be met prior to the release of utilities, final inspection, or issuance of a certificate of occupancy, whichever occurs first.

96. RESTORATION OF PUBLIC IMPROVEMENTS – The applicant shall repair or replace all existing improvements not designated for removal that are damaged or removed during construction. Improvements such as, but not limited to curbs, gutters, sidewalks, driveways, signs, streetlights, pavements, raised pavement markers, thermoplastic pavement markings, etc., shall be repaired or replaced to a condition equal to or better than the original condition. Any new concrete shall be free of stamps, logos, names, graffiti, etc. Existing improvement to be repaired or replaced shall be at the direction of the PPW Inspector and shall comply with all Title 24 Disabled Access provisions. The restoration of all improvements identified by the PPW Inspector shall be completed before the issuance of a certificate of occupancy. The applicant shall request a walkPage 268 ITEM NO. 10.
through with the PPW Inspector before the start of construction to verify existing conditions.

97. PAVEMENT RESTORATION – Due to construction activities, new utility cuts along the project frontage, and the anticipated project’s truck traffic the applicant shall grind and provide a 2” overlay with asphalt concrete on the south side of Los Gatos-Saratoga Road along the entire property length between the center median island and the property frontage. Prior to overlay, any base failure repair or required dig-outs identified by the PPW Inspector shall be completed. The Town Engineer shall approve and the applicant shall construct roadway repairs prior to the final certificate of occupancy. Prior to issuance of the grading permit, the applicant shall submit a pre-construction roadway report for the north side of Los Gatos-Saratoga Road along the project frontage. The report shall be prepared by a licensed civil engineer and identify any existing base failures or other deficiencies along the northside in the roadway. The applicant shall be responsible for damage identified to the roadway system resulting from the construction activities. Note that a Caltrans permit will be required for work within the Caltrans right-of-way, unless otherwise approved by the Town Engineer.

98. STORMWATER TREATMENT FACILITIES MAINTENANCE AGREEMENT – The applicant shall execute and record a Stormwater Treatment Facilities Maintenance Agreement to ensure perpetual maintenance of the regulated project’s treatment facilities. The agreement shall outline the operation and maintenance (O&M) plan for the permanent storm water treatment facilities. The Town-Standard Stormwater BMP Operation and Maintenance Agreement will be provided by the Parks and Public Works Department upon request. The agreement shall include the following:
a. This Agreement shall also provide that in the event that maintenance or repair is neglected, or the stormwater management facility becomes a danger to public health or safety, the Town shall have the authority to perform maintenance and/or repair work and to recover the costs from the property owner.
b. All on-site stormwater management facilities shall be operated and maintained in good condition and promptly repaired/replaced by the property owner(s) or other legal entity approved by the Town.
c. Any repairs or restoration/replacement and maintenance shall be in accordance with Town-approved plans.
d. The property owner(s) shall develop a maintenance schedule for the life of any stormwater management facility and shall describe the maintenance to be completed, the time period for completion, and who shall perform the maintenance. This maintenance schedule shall be included with the approved Stormwater Management Facilities Maintenance Agreement. The applicant shall reimburse the Town for the cost of regular site inspections as required under the Municipal Regional Permit. e. Language to ensure adherence to the Stormwater Treatment Facilities Maintenance Agreement shall be incorporated into the project’s CC&Rs. f. This agreement shall be executed prior to occupancy of the first building.

99. STORMWATER MANAGEMENT FACILITIES INSPECTION – The Stormwater Management Facilities Maintenance Agreement shall require inspections be performed which shall adhere to the following:

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ITEM NO. 10.
a. To comply with the State Stormwater requirements and the NPDES permit, the applicant shall secure a QSD or QSP to maintain all erosion control and BMP measures during construction. The applicant’s QSD or QSP shall provide the Town weekly inspection reports to the approval of the Town Engineer. b. Stormwater facility inspections shall be done at least twice per year, once in Fall by October 1st, in preparation for the wet season, and once in Winter by March 15th.

Written records shall be kept of all inspections and shall include, at minimum, the following information:
i. Site address;
ii. Date and time of inspection;
iii. Name of the person conducting the inspection;
iv. List of stormwater facilities inspected;
v. Condition of each stormwater facility inspected;
vi. Description of any needed maintenance or repairs; and vii. As applicable, the need for site re-inspection.
c. Upon completion of each inspection, an inspection report shall be submitted to Public Works Engineering no later than October 1st for the Fall report, and no later than March 15th of the following year for the Winter report. d. Before commencing any grading or construction activities, the applicant shall obtain a National Pollutant Discharge Elimination System (NPDES) permit and provide evidence of filing of a Notice of Intent (NOI) with the State Water Resources Control Board. e. The applicant is responsible for ensuring that all contractors are aware of all storm water quality measures and implement such measures. Failure to comply with the approved construction BMPs will result in the issuance of correction notices, citations or a project stop order.
f. Sequence of construction for all stormwater facilities (bioswales, detention/ retention basins, drain rock, etc.) shall be done toward final phases of project to prevent silting of facilities and reduce the intended use of the facilities. g. Prior to final inspection, the Applicant must facilitate the testing of all stormwater facilities by a certified QSP or QSD to confirm the facilities are meeting the minimum design infiltration rate. All tests shall be made at on 20 ft x 20 ft grid pattern over the surface of the completed stormwater facility unless otherwise approved by the Town Engineer.
h. All soil and infiltration properties for all stormwater facilities shall be evaluated by the geotechnical engineer. Percolation tests (using Double Ring Infiltrometer Testing with appropriate safety factors) at horizontal and vertical (at the depth of the stormwater facility) shall be conducted for each stormwater facility. A 50 percent safety factor shall be applied to the calculated percolation test and shall be used as the basis for design (the design percolation rate). The geotechnical report shall include a section designated for stormwater design, including percolation results and design parameters.
100. DISPOSAL AREA STORMWATER DISCHARGE – New buildings, such as food service facilities and/or multi-family residential complexes or subdivisions, shall provide a covered or enclosed area for dumpsters and recycling containers. The area shall be designed to

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ITEM NO. 10.
prevent water run-on to the area and runoff from the area. Areas around trash enclosures, recycling areas, and/or food compactor enclosures shall not discharge directly to the storm drain system. Any drains installed in or beneath dumpsters and compactors shall be connected to the sanitary sewer. Any drains installed in or beneath tallow bin areas serving food service facilities shall be connected to the sanitary sewer system with a grease removal device prior to discharging. The applicant shall contact the local permitting authority and/or West Valley Sanitation District for specific connection and discharge requirements.
101. LANDSCAPE MAINTENANCE AGREEMENT – The Applicant shall enter into a Landscape Maintenance Agreement with the Town of Los Gatos in which the Applicant agrees to maintain the vegetated areas along the project’s Los Gatos-Saratoga Road frontage located within the public right-of-way for which the Town is responsible for maintaining.

The agreement must be accepted by the Town Attorney and executed prior to the issuance of the final certificate of occupancy.

THE FOLLOWING CONDITIONS SHALL BE COMPLIED WITH AT ALL TIMES DURING THE

CONSTRUCTION PHASE OF THE PROJECT, OR IF ANOTHER DEADLINE IS SPECIFIED IN A

CONDITION, AT THAT TIME
102. PUBLIC WORKS CONSTRUCTION ACTIVITIES – The Town shall be notified at least ten (10) working days prior to the start of any construction work, and at that time the contractor shall provide a project construction and phasing schedule and a 24-hour emergency telephone number list. The schedule shall be in Microsoft Project, or an approved equal, and shall identify the scheduled critical path for the installation of improvements to the approval of the Town Engineer. The schedule shall be updated weekly. The approved construction and phasing schedule shall be shared with the Los Gatos-Saratoga Union High School District (LGSUHD) to avoid traffic impacts to surrounding school functions. An approved construction information handout(s) shall also be provided to LGSUHD to share with school parents.
a. The General Contractor shall always provide a qualified supervisor on the job site during construction.
b. All work shown on the improvement plans shall be inspected to the approval of the Town Engineer, as applicable. Uninspected work shall be removed as deemed appropriate by the Town Engineer.
c. Construction activities related to the issuance of any Public Works permit shall be restricted to the weekday between 8:00 a.m. and 6:00 p.m., Saturday 9:00 a.m. to 4:00 p.m. for general construction activities. No work shall be done on Sundays and on Town Holidays unless otherwise approved by the Town Engineer. Please note that no work shall be allowed to take place within the Town right-of-way after 5:00 p.m.

Monday through Friday. In addition, no work being done under the issuance of a Public Works encroachment permit may be performed on the weekend unless prior approvals have been granted by the Parks and Public Works Department. The Town Engineer may apply additional construction period restrictions, as necessary, to accommodate standard commute traffic along arterial roadways and along school

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ITEM NO. 10.
commute routes. Signs outlining the project construction times shall be posted at conspicuous locations on site where it is visible to the public. The signs shall be per the Town Standard Drawing for posting construction hours. The sign shall be kept free of graffiti at all times. Contact the Building Department to obtain a sample Town Standard sign outlining hours of operation.
d. The allowed hours of Public Works construction activities may be waived or modified through an exemption, for limited periods, if the Town Engineer finds that the following criteria are met:
i. Permitting extended hours of construction will decrease the total time needed to complete the project thus mitigating the total amount of noise associated with the project as a whole; or,
ii. Permitting extended hours of construction are required to accommodate design or engineering requirements, such as a large concrete pour. Such a need would be determined by the project's design engineer and require approval of the Town Engineer.
iii. An emergency situation exists where the construction work is necessary to correct an unsafe or dangerous condition resulting in obvious and eminent peril to public health and safety. If such a condition exists, the Town may waive any of the remaining requirements outlined below.
iv. The exemption will not conflict with any other condition of approval required by the Town to mitigate significant impacts.
v. The contractor or owner of the property will notify residential and commercial occupants of property adjacent to the construction site of the hours of construction activity which may impact the area. This notification must be provided three days prior to the start of the extended construction activity. vi. The approved hours of construction activity will be posted at the construction site in a place and manner that can be easily viewed by any interested member of the public.
vii. The Town Engineer may revoke the exemption at any time if the contractor or owner of the property fails to abide by the conditions of exemption or if it is determined that the peace, comfort, and tranquility of the occupants of adjacent residential or commercial properties are impaired because of the location and nature of the construction.
viii. The waiver application must be submitted to the PPW Inspector ten (10) working days prior to the requested date of waiver.
e. All construction activities shall conform to the latest requirements of the CASQA Stormwater Best Management Practices Handbooks for Construction Activities and New Development and Redevelopment, the Town's grading and erosion control ordinance, and other generally accepted engineering practices for erosion control as required by the Town Engineer when undertaking construction activities. f. The following provision to control traffic congestion, noise, and dust shall be followed during site excavation, grading, and construction:
i. All construction vehicles should be properly maintained and equipped with exhaust mufflers that meet State standards.

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ITEM NO. 10.
ii. Travel speeds on unpaved roads shall be limited to fifteen (15) miles per hour. iii. Blowing dust shall be reduced by timing construction activities so that paving and building construction begin as soon as possible after completion of grading, and by landscaping disturbed soils as soon as possible.
iv. Water trucks shall be present and in use at the construction site. All portions of the site subject to blowing dust shall be watered as often as deemed necessary by the Town, or a minimum of three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites in order to ensure proper control of blowing dust for the duration of the project. v. Watering on public streets and wash down of dirt and debris into storm drain systems is prohibited. Streets will be cleaned by street sweepers or by hand as often as deemed necessary by the PPW Inspector, or at least once a day.

Watering associated with on-site construction activity shall take place between the hours of 8 a.m. and 5 p.m. and shall include at least one late-afternoon watering to minimize the effects of blowing dust. Recycled water shall be used for construction watering to manage dust control where possible, as determined by the Town Engineer. Where recycled water is not available potable water shall be used. All potable construction water from fire hydrants shall be coordinated with the San Jose Water Company.
vi. All public streets soiled or littered due to this construction activity shall be cleaned and swept on a daily basis during the workweek to the satisfaction of the Construction Inspector.
vii. Construction grading activity shall be discontinued in wind conditions in excess of 25 miles per hour, or that in the opinion of the PPW Inspector cause excessive neighborhood dust problems.
viii. Site dirt shall not be tracked into the public right-of-way, and shall be cleaned immediately if tracked into the public right-of-way, or the project may receive a stop work order. Mud, silt, concrete and other construction debris shall not be washed into the Town’s storm drains.
ix. Construction activities shall be scheduled so that paving and foundation placement begin immediately upon completion of grading operation. x. All aggregate materials transported to and from the site shall be covered in accordance with Section 23114 of the California Vehicle Code during transit to and from the site.
xi. Prior to issuance of any permit, the applicant shall submit any applicable pedestrian or traffic detour plans, to the satisfaction of the Town Engineer, for any lane or sidewalk closures. The temporary traffic control plan shall be prepared by a licensed professional engineer with experience in preparing such plans and in accordance with the requirements of the latest edition of the California Manual on Uniform Traffic Control Devices (MUTCD) and standard construction practices. The Traffic Control Plan shall be approved prior to the commencement of any work within the public right-of-way. xii. During construction, the applicant shall make accessible any or all public and private utilities within the area impacted by construction, as directed by the Town

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ITEM NO. 10.

Engineer.
xiii. The minimum soils sampling and testing frequency shall conform to Chapter 8 of the Caltrans Construction Manual. The applicant shall require the soils engineer submit to daily testing and sampling reports to the Town Engineer. 103. HERITAGE TREE PROTECTION MEASURES – The applicant shall submit a tree protection plan showing how all on and off-site heritage trees will be protected during construction.

All approved and installed Heritage Tree protection measures shall be installed prior to any site activities and maintained throughout the period of construction. The Project Arborist shall complete inspections on an as-needed basis during the construction period and shall submit a monthly report of findings in an email or letter to the Town Engineer and Town Planner assigned to this project.
104. PROJECT CLOSE-OUT – Prior to requesting a Final Inspection, the Applicant shall submit to the Town Engineer a letter indicating that all project conditions have been met and all improvements are complete. All work must be completed to the satisfaction of the Planning Director and Town Engineer Prior to the first occupancy. All public improvements, including the complete installation of all improvements relative to streets, fencing, storm drainage, underground utilities, etc., shall be completed and attested to by the Town Engineer before approval of occupancy of any unit. Where facilities of other agencies are involved, including those for water and sanitary sewer services, such installation shall be verified as having been completed and accepted by those agencies. In addition, the applicant shall submit an itemized final quantities list of all public improvements constructed on-site and within the public right-of-way. The final quantities list shall be prepared by the project engineer and be to the approval of the Town Engineer. The final quantities list shall be broken out into on-site and off-site improvements based on the format provided by the Town.

Until such time as all improvements required are fully completed and accepted by Town, the applicant shall be responsible for the care, maintenance, and any damage to such improvements. Town shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of cause, happening or occurring to the work or Improvements required for this project prior to the completion and acceptance of the work or Improvements. All such risks shall be the responsibility of and are hereby assumed by the Applicant.
105. HOLIDAY CONSTRUCTION MORATORIUM – Due to concerns for business impacts during the holiday season (starting the week of Thanksgiving through January 1), there shall be no construction activities within the right-of-way which would create lane closures, eliminate parking, create pedestrian detours, or other activities that may create a major disturbance as determined by the Town Engineer.
106. MATERIAL HAULING ROUTE AND PERMIT – For material delivery vehicles equal to, or larger than two-axle, six-tire single unit truck (SU) size or larger as defined by FHWA Standards, the applicant shall submit a truck hauling route and receive a haul permit that conforms to Town of Los Gatos Standards to the approval of the Town Engineer. Note that the Town requires a Haul Permit be issued for any hauling activities. The Applicant sponsor shall require contractors to prohibit trucks from using “compression release

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ITEM NO. 10.
engine brakes” on residential streets. The haul route for this project unless otherwise approved by the Town Engineer, shall be Hwy. 17 to Saratoga-Los Gatos Road to Alberto Way to site. A letter from the applicant confirming the intention to use the designated haul route shall be submitted to the Town Engineer for review and approval prior to the issuance of any Town permits. All material hauling activities including but not limited to, adherence to the approved route, hours of operation, staging of materials, dust control and street maintenance shall be the responsibility of the Applicant. Hauling of soil on- or off-site shall not occur during the morning or evening peak periods (between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00 p.m.), and at other times as specified by the Town Engineer. All storage and office trailers will be kept off the public right-of-way.

Tracking of dirt onto Town streets and walks will not be allowed. The applicant must provide an approved method of cleaning tires and trimming loads on site. Any job related dirt and/or debris that impacts the public right of way shall be removed immediately. All material hauling activities shall be done in accordance with applicable Town ordinances and conditions of approval. Mud, silt, concrete and other construction debris shall not be washed into the Town’s storm drains. Violation of such may be cause for suspension of work.
107. CONSTRUCTION WORKER PARKING – The applicant shall provide a Construction Parking Plan that minimizes the effect of construction worker parking in the neighborhood and shall include an estimate of the number of workers that will be present on the site during the various phases of construction and indicate where sufficient off-street parking will be utilized and identify any locations for off-site material deliveries. Said plan shall be approved by the Town Engineer prior to issuance of Town permits and shall be complied with at all times during construction. Failure to enforce the parking plan may result in suspension of the Town permits. No vehicle having a manufacturer's rated gross vehicle weight exceeding ten thousand (10,000) pounds shall be allowed to park on the portion of a street which abuts property in a residential zone without prior approval from the Town Engineer (§15.40.070).

THE FOLLOWING CONDITIONS SHALL BE COMPLIED WITH AT ALL TIMES THAT THE USE

PERMITTED BY THIS ENTITLEMENT OCCUPIES THE PREMISES
108. POST CONSTRUCTION BEST MANAGEMENT PRACTICES (BMP) – Post construction storm water pollution prevention requirements shall include:
a. The applicant shall be charged the cost of abatement for issues associated with, but not limited to, inspection of the private storm drain facilities, emergency maintenance needed to protect public health or watercourses, and facility replacement or repair in the event that the treatment facility is no longer able to meet performance standards or has deteriorated. Any abatement activity performed on the applicant’s property by Town staff will be charged to the applicant at the Town’s adopted fully-loaded hourly rate.
b. Label new and redeveloped storm drain inlets with the phrase “No Dumping – Drains to Bay” plaques to alert the public to the destination of storm water and to prevent direct discharge of pollutants into the storm drain. Template ordering information is

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ITEM NO. 10.
available at www.flowstobay.org.
c. All process equipment, oils, fuels, solvents, coolants, fertilizers, pesticides, and similar chemical products, as well as petroleum based wastes, tallow, and grease planned for storage outdoors shall be stored in covered containers at all times. d. All public outdoor spaces and trails shall include installation and upkeep of dog waste stations.
e. Garbage and recycling receptacles and bins shall be designed and maintained with permanent covers to prevent exposure of trash to rain. Trash enclosure drains shall be connected to the sanitary sewer system.
f. It is the responsibility of the property owner(s)/homeowners association to implement a plan for street sweeping of paved private roads and cleaning of all storm drain inlets.

TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT:
109. GENERAL: Review of this Developmental proposal is limited to acceptability of site access, water supply and may include specific additional requirements as they pertain to fire department operations, and shall not be construed as a substitute for formal plan review to determine compliance with adopted model codes. Prior to performing any work, the applicant shall make application to, and receive from, the Building Department all applicable construction permits.
110. FIRE SPRINKLERS REQUIRED: (As Noted on Sheet A08) Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.18 whichever is the more restrictive. For the purposes of this section, firewalls used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations. NOTE: The owner(s), occupant(s) and any contractor(s) or subcontractor(s) are responsible for consulting with the water purveyor of record in order to determine if any modification or upgrade of the existing water service is required. A State of California licensed (C-16) Fire Protection Contractor shall submit plans, calculations, a completed permit application and appropriate fees to this department for review and approval prior to beginning their work. CFC Sec. 903.2 111. FIRE ALARM SYSTEM AND STANDPIPE: Fire alarm and standpipe requirement will be determined during building permit.
112. PUBLIC/PRIVATE FIRE HYDRANT(S) REQUIRED: (As Noted on Sheet C.8) Provide public/private fire hydrant(s) at location(s) to be determined jointly by the Fire Department and San Jose Water Company. Maximum hydrant spacing shall be 500 feet, with a minimum single hydrant flow of 2,625 GPM at 20 psi, residual. Fire hydrants shall be provided along required fire apparatus access roads and adjacent public streets. CFC Sec. 507, and Appendix B and associated Tables, and Appendix C. No combustible shall occur prior to new hydrants installation.
113. REQUIRED FIRE FLOW: (Letter and hydraulic analysis received) The minimum require fireflow for this project is 2,625 Gallons Per Minute (GPM) at 20 psi residual pressure. This fireflow assumes installation of automatic fire sprinklers per CFC [903.3.1].

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ITEM NO. 10.
114. FIRE DEPARTMENT CONNECTION: (As Noted on Sheet C.8) The fire department connection (FDC) shall be installed at the street on the street address side of the building.

It shall be located within 100 feet of a public fire hydrant and within ten (10) feet of the main PIV (unless otherwise approved by the Chief due to practical difficulties). FDC's shall be equipped with a minimum of two (2), two-and-one-half (2- 1/2”) inch national standard threaded inlet couplings. Orientation of the FDC shall be such that hose lines may be readily and conveniently attached to the inlets without interference. FDC's shall be painted safety yellow. [SCCFD, SP-2 Standard].
115. BUILDINGS AND FACILITIES ACCESS: (As Noted on Sheet C.8) Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or with the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. [CFC, Section 503.1.1].
116. FIRE APPARATUS (ENGINE)ACCESS ROADWAY REQUIRED: (As Noted on Sheet C.8) Provide an access roadway with a paved all-weather surface, a minimum unobstructed width of 20 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 30 feet inside and 50 feet outside, and a maximum slope of 15 percent. Surface shall be capable of supporting 75K pounds. Installations shall conform to Fire Department Standard Details and Specifications sheet A-1. CFC Sec. 503.
117. TURNING RADIUS: (As Noted on Sheet C.8) The minimum inside turning radius is 30 feet and outside turning radius is 50 feet for required access roadways. Greater radius up to 60 feet may be required where the Fire Department determines that Ladder Truck access is required. Circulating refers to travel along a roadway without dead ends. 118. REQUIRED SECONDARY FIRE DEPARTMENT ACCESS: The required secondary Emergency Vehicle Access (EVA) is shown at the south/west corner of the property, passing through the Los Gatos High School sports fields, and connecting to New York Ave. The Fire Marshal may approve an alternate location for the EVA if it meets SCCFD access road standards.

Construction of the EVA shall be completed prior to occupancy of the 101st unit; however, building permits may be issued for construction of all 155 units prior to construction of the EVA. The EVA shall be constructed to all SCCFD access road standards, including width (20 feet), loading capacity (75,000 lbs), and signage (identification & no parking). 119. GROUND LADDER ACCESS: (As Noted on Sheet L1.0) Ground-ladder rescue from second and third floor rooms with egress windows, shall be made possible for fire department operations. With the climbing angle of seventy-five degrees maintained, an approximate walkway width along either side of the building shall be no less than seven feet clear.

Landscaping shall not be allowed to interfere with the required access. CFC Sec. 503 and 1031.2 NFPA 1932 Sec. 5.1.8 through 5.1.9. Ladder access (one for each emergency egress window) of an all-weather supportive surface along with an approved access walkway leading from the fire apparatus access road to them, shall be provided. 120. FIRE LANES REQUIRED: (As Noted on Sheet C.8) The minimum clear width of fire department access roads shall be 20 feet. Fire apparatus access roads shall be designated and marked as a fire lane as set forth in Section 22500.1 of the California Vehicle Code.

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ITEM NO. 10.
121. WATER SUPPLY REQUIREMENTS: Potable water supplies shall be protected from contamination caused by fire protection water supplies. It is the responsibility of the applicant and any contractors and subcontractors to contact the water purveyor supplying the site of such project, and to comply with the requirements of that purveyor. Such requirements shall be incorporated into the design of any water-based fire protection systems, and/or fire suppression water supply systems or storage containers that may be physically connected in any manner to an appliance capable of causing contamination of the potable water supply of the purveyor of record. Final approval of the system(s) under consideration will not be granted by this office until compliance with the applicant(s). 2022 CFC Sec. 903.3.5 and Health and Safety Code 13114.7. 122. TIMING OF INSTALLATION: When fire apparatus access roads or a water supply for fire protection is required to be installed, such protection shall be installed and made serviceable prior to and during the time of construction except when approved alternative methods of protection are provided. Temporary street signs shall be installed at each street intersection when construction of new roadways allows passage by vehicles in accordance with Section 505.2. Construction documents. Construction documents for proposed fire apparatus access, location of fire lanes, security gates across fire apparatus access and construction documents and hydraulic calculations for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction.

CFC Sec. 501.3, 501.4.
123. ADDRESS IDENTIFICATION: New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. CFC Sec. 505.1. 124. CONSTRUCTION SITE FIRE SAFETY: All construction sites must comply with applicable provisions of the CFC Chapter 33 and our Standard Detail and Specification S1-7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project. CFC Chp. 33.
125. GENERAL: This review shall not be construed to be an approval of a violation of the provisions of the California Fire Code or of other laws or regulations of the jurisdiction. A permit presuming to give authority to violate or cancel the provisions of the fire code or other such laws or regulations shall not be valid. Any addition to or alteration of approved construction documents shall be approved in advance. [CFC, Ch.1, 105.3.6]

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ITEM NO. 10.

PREPARED BY: Sean Mullin, AICP
Planning Manager
Reviewed by: 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: 02/12/2025
ITEM NO: 3
DATE: February 7, 2025
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider a Request for Approval to Demolish Existing Hotel Structures (Los Gatos Lodge), Construct a Multi-Family Residential Development (155 Units), a Conditional Use Permit, a Condominium Vesting Tentative Map, Site Improvements Requiring a Grading Permit, and Remove Large Protected Trees Under Senate Bill 330 (SB 330) on Property Zoned CH:PD:HEOZ.

Located at 50 Los Gatos-Saratoga Road. APNs 529-24-032, 529-24-001, and 529-24-003. Architecture and Site Application S-23-042, Conditional Use Permit Application U-23-017, and Subdivision Application M-23-009. No Additional Environmental Review is Necessary Pursuant to CEQA Guidelines Section 15183: Streamlining Process, Since the Proposed Project’s Environmental Impacts were Adequately Addressed in the 2020 General Plan EIR and/or 2040 General Plan EIR, as Applicable. Property Owner: Keet S.

Nerhan. Applicant: SummerHill Homes, LLC. Project Planner: Sean Mullin.

RECOMMENDATION:

Consider a request for approval to demolish existing hotel structures (Los Gatos Lodge), construct a multi-family residential development (155 units), a conditional use permit, a condominium vesting tentative map, site improvements requiring a grading permit, and remove large protected trees under Senate Bill 330 (SB 330) on property zoned CH:PD:HEOZ, Located at 50 Los Gatos-Saratoga Road.

PROJECT DATA:

General Plan Designation: Mixed Use Commercial
Zoning Designation: CH:PD:HEOZ, Restricted Highway Commercial, Planned Development Overlay, Housing Element Overlay Zone
Applicable Plans & Standards: General Plan; Objective Design Standards For Qualifying Multi-Family and Mixed-Use Residential Development
Parcel Size: 384,221 square feet (8.82 acres)

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ITEM NO. 10.

PAGE 2 OF 15
SUBJECT: 50 Los Gatos-Saratoga Road/ S-23-042, U-23-017, and M-23-009 DATE: February 7, 2025
Surrounding Area:

CEQA:

An Initial Study (Exhibit 1) was prepared for the project concluding that additional environmental review is not necessary pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15183: Streamlining Process, since the proposed project’s environmental impacts were adequately addressed in the Environmental Impact Reports (EIR) prepared for the 2020 General Plan and/or 2040 General Plan, as applicable.

FINDINGS:
 As required, additional environmental review is not necessary pursuant to CEQA Guidelines Section 15183: Streamlining Process, since the proposed project’s environmental impacts were adequately addressed in the Environmental Impact Reports (EIR) prepared for the 2020 General Plan and/or 2040 General Plan, as applicable;  As required that the project is consistent with the General Plan;  As required by Section 66474 of the Subdivision Map Act;  As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit.  The project meets the objective standards of Chapter 29 of the Town Code (Zoning Regulations) except for the concession and waivers requested pursuant to State Density Bonus Law;
 The project meets the Town of Los Gatos Objective Design Standards for Qualifying MultiFamily and Mixed-Use Residential Development except for the waivers requested pursuant to State Density Bonus Law;
 As required by State Density Bonus Law for granting a concession pursuant to California Government Code Section 65915 (d) and for granting waivers pursuant to California Government Code Section 65915 (a)(2); and
 As required by California Government Code Section 65863 regarding state RHNA requirements, the Town’s Housing Element Sites Inventory, and No Net Loss Law.

CONSIDERATIONS:
 As required by Section 29.20.150 of the Town Code for granting approval of an Architecture and Site application.

Existing Land Use General Plan Zoning
North Vacant and
Commercial
Mixed Use Commercial CH:PD:HEOZ
and CH:PD
South Los Gatos High School Public R-1:20:PS
East Single-Family
Residential
Medium Density Residential R-1:10
West Caltrans ROW N/A N/A

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ITEM NO. 10.

PAGE 3 OF 15
SUBJECT: 50 Los Gatos-Saratoga Road/ S-23-042, U-23-017, and M-23-009 DATE: February 7, 2025
ACTION:

The Planning Commission will provide a recommendation to the Town Council who will render the final decision on the proposal.

BACKGROUND:

1. One or more concession that provide cost reductions for the development. Under the law, a concession includes a reduction in site development standards and/or regulations when such regulations potentially make the project economically infeasible for the developer to build. These can include a reduction in site development standards or modification of zoning or architectural design requirements that exceed minimum building standards. The number of allowed concessions is determined on a sliding scale based on the percentage of units that will be set aside as affordable units and the household income category of those affordable units.

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ITEM NO. 10.

PAGE 4 OF 15
SUBJECT: 50 Los Gatos-Saratoga Road/ S-23-042, U-23-017, and M-23-009 DATE: February 7, 2025
setback requirements, FAR, open space requirements, or parking requirement that apply to a residential development pursuant to any ordinance, general plan element, policy, resolution, or regulation. There is no limit in the number of waivers an applicant can request through SDBL.

3. Reductions in parking requirements provided based on the number of bedrooms in each unit.

The proposed project qualifies for a density bonus and all associated provisions under the SDBL.

Project Site
The subject property consists of three lots totaling 8.82 acres located on the south side of Los Gatos-Saratoga Road at the intersection with Alberto Way (Exhibit 4). The majority of the property is relatively flat. A steep, densely wooded hillside rises approximately 55 feet to Bella vista Avenue along the east edge. The property is developed with the Los Gatos Lodge, a hotel that began operation in 1958 and is currently operating and a two-family residence located on the east side of the property accessed off Bella Vista Avenue. The property has a General Plan designation of Mixed Use Commercial and is zoned CH:PD:HEOZ, or Restricted Commercial Highway with a Planned Development (PD) overlay and a Housing Element Overlay Zone (HEOZ). The PD overlay was approved for the construction and operation of the Los Gatos Lodge. The HEOZ overlay is applied to sites included in the Sites Inventory of the Housing Element and modifies development standards such as density, lot coverage, FAR, and height.

The HEOZ became effective on December 21, 2023. The preliminary application under SB 330 was deemed submitted on June 30, 2023, establishing the vesting date for the application.

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ITEM NO. 10.

PAGE 5 OF 15
SUBJECT: 50 Los Gatos-Saratoga Road/ S-23-042, U-23-017, and M-23-009 DATE: February 7, 2025
Therefore, the application is not subject to the provisions of the HEOZ, including minimum density.

On December 20, 2023, the applicant submitted a formal application, within 180-days of the established vesting date as required by state law.

Through the Town’s technical review process, the application was deemed complete on May 7, 2024, within the timelines prescribed by state law. On January 14, 2024, the application was deemed consistent with applicable Town standards and ready for consideration through the Town’s public hearing process.

The application includes a Vesting Tentative Map, requiring approval by the Town Council pursuant to Town Code Section 29.10.020. The applicant seeks a recommendation on the development proposal from the Planning Commission to the Town Council, who will render the final decision on the project.

PROJECT DESCRIPTION:

A. Location and Surrounding Neighborhood
The subject property consists of three lots totaling 8.82 acres located on the south side of Los Gatos-Saratoga Road at the intersection with Alberto Way (Exhibit 4). The majority of the property is flat. A steep, densely wooded hillside rises approximately 55 feet to Bella vista Avenue along the eastern edge. The property is developed with the Los Gatos Lodge, a hotel that began operation in 1958 and is currently operating and a two-family residence located on the east side of the property accessed off Bella Vista Avenue. An undeveloped property and commercial property are located to the north, across Los Gatos-Saratoga Road. Los Gatos High School is located to the south. Single-family residences are located to the east along Bella Vista Avenue and the Highway 17 Caltrans right-of-way borders the property to the west.

B. Project Summary
The applicant proposes demolition of the Los Gatos Lodge and construction of a multifamily residential development consisting of 155 attached units distributed among 28 separate buildings (Exhibit 17). The applicant submitted a Project Description Letter (Exhibit 5) and Letter of justification (Exhibit 6) discussing the project. New private roadways and alleys would provide circulation throughout the site, taking access from the existing location on Los Gatos-Saratoga Road. The proposed project also includes a pedestrian pathway from Los Gatos-Saratoga Road to the High School, an emergency vehicle access easement connecting to the High School property, and frontage improvements along Los GatosSaratoga Road. A Condition of Approval provides the applicant opportunity to request inlieu payment rather than constructing the frontage improvements subject to approval of

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ITEM NO. 10.

PAGE 6 OF 15
SUBJECT: 50 Los Gatos-Saratoga Road/ S-23-042, U-23-017, and M-23-009 DATE: February 7, 2025
the Town Engineer (Exhibit 3). Of the 155 proposed units, 26 units would be designated as Below Market Price units.

C. Zoning Compliance
The property is zoned CH:PD:HEOZ, or Restricted Highway Commercial with a PD overlay and a HEOZ overlay. The CH zone is intended for development of vehicular-oriented activities and sales along highway frontages, intermingled with compatible retail, service and administrative activities. Residential uses are only allowed in the CH zone within a mixed-use or live/work development with approval of a Conditional Use Permit (CUP). The applicant requests approval of a concession through SDBL to allow for a standalone multifamily residential use without a commercial or office component. The requested concession is discussed further below.

The PD overlay was approved for the construction and operation of the Los Gatos Lodge.

The HEOZ overlay modifies development standards such as density, lot coverage, FAR, and height. The preliminary application under SB 330 established vesting prior to the implementation of the HEOZ; therefore, the application is not subject to the provisions of the HEOZ, including minimum density.

In addition to the concession requested through SDBL, the applicant requests a number of waivers to Town standards through SDBL. The requested concession and waivers are discussed below.

DISCUSSION:

A. Architecture and Site Analysis
The project includes 155 units distributed amongst 28 buildings (Exhibit 17). The unit types include two, three, and four bedrooms with multiple floor plans. The buildings would range from four to seven attached dwelling units in a townhouse configuration, each served by private roadways and alleys. A summary of the unit types and buildings is provided on sheet A0.82 of Exhibit 17. A Project Description Letter and Letter of justification discussing the project are included as Exhibits 5 and 6.

B. Building Design
The project includes Mediterranean influenced architecture in three color schemes applied to the buildings (Exhibit 17, Sheet A40). The building types have varying forms, the majority of which have hipped roofs with some gable-end accents. The buildings are three stories tall with a maximum building height of 37 feet, four and one-half inches, where 35 feet is the maximum allowed in the CH zone. Exterior materials include concrete tile roof; stucco

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ITEM NO. 10.

PAGE 7 OF 15
SUBJECT: 50 Los Gatos-Saratoga Road/ S-23-042, U-23-017, and M-23-009 DATE: February 7, 2025
siding; painted foam trim, corbels, and cornices; vinyl windows and sliding glass doors; fiberglass front doors; sectional roll-up garage doors; wood trellises; ceramic tile accents; clay tile gable accent vents; and metal railings and pot shelves.

Review by the Town’s Consulting Architect is typically required for Architecture and Site applications. For this application, it should be noted that the feedback provided by the Consulting Architect is subjective in nature and should not be used as the basis for a decision since the Town’s review is limited to objective standards only, pursuant to SB 330.

The Town’s Consulting Architect reviewed the proposed project and provided feedback and recommendations (Exhibit 7). The Consulting Architect noted that the individual buildings are well designed with an identifiable architectural style and consistent detailing. The Consulting Architect identified issues and concerns related to building coverage, limited usable open space, guest parking, dominance of garages on street frontages, architectural repetition, and edge landscaping. The Consulting Architect made recommendations on following topics:

1. Reduce the amount of building coverage;

2. Refine the uses and design of the open spaces and pathways;

3. Provide additional guest parking;

4. Improve the street auto court frontages;

5. Add architectural variety and improve end elevations; and

6. Enhance edge landscaping.

The applicant submitted a letter responding to these recommendations and summarizing design changes that were made (Exhibit 8).

C. Height
The buildings are three stories tall with a maximum building height of 37 feet, four and onehalf inches, where 35 feet is the maximum allowed in the CH zone without the HEOZ overlay. As discussed in more detail below, the applicant has requested a waiver to the height limit of the zone pursuant to SDBL.

D. Subdivision and Site Design
The project includes a vesting tentative map for condominium purposes (Exhibit 17, Sheet TM-1). The subdivision design creates 28 parcels to accommodate the buildings, six parcels for the private roadways and alley, and three parcels for the open space areas. One designated remainder parcel is included on the east side of the property and would include the existing two-family dwelling. The map also includes numerous easements for emergency access, public access, and various utility infrastructure.

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ITEM NO. 10.

PAGE 8 OF 15
SUBJECT: 50 Los Gatos-Saratoga Road/ S-23-042, U-23-017, and M-23-009 DATE: February 7, 2025
The proposed development would take access via the existing access point at Los GatosSaratoga Road (Exhibit 17, Sheet A05.1). Vehicular circulation would be provided through several private roadways and alleys. Six buildings would be located along the north edge of the property, fronting Los Gatos-Saratoga Road and the northbound Highway 17 off ramp.

The remaining 22 buildings would be dispersed throughout the remainder of the site, arranged in blocks separated by alleys. Pedestrian pathways would provide circulation throughout the interior of the site (Exhibit 17, Sheet A06). A multi-use pedestrian pathway along the northwest property line would provide separated access between Los GatosSaratoga Road and a gate to the High School, which would be controlled by the High School (Exhibit 17, Sheet C.2). This pathway offers a one-way return into the development and is also aligned to provide access to a future trail eventually connecting to Forbes Mill.

An emergency vehicle access easement (EVAE) is proposed at the southern terminus of B Alley (Exhibit 17, Sheet C.2). This EVAE would provide an emergency connection through the High School to New York Avenue. In coordination with the Los Gatos-Saratoga Joint Union High School District, the applicant has agreed to the EVAE and the construction of off-site improvements on the High School property to connect the EVAE through the High School to New York Avenue. As a condition of approval imposed by the Santa Clara County Fire Department, the EVAE and off-site improvements must be completed prior to issuance of a certificate of occupancy for the 101st unit (Exhibit 3).

Open space areas are provided throughout the site connected via the pedestrian pathways circulating between the buildings and several community recreation spaces (Exhibit 17, Sheet L1.2). The space provided through the community recreation spaces exceeds the Town Code and ODS requirements for such spaces. The conceptual landscape plan shows that trees, shrubs, and other plantings would be distributed throughout the site.

E. Grading and Retaining Walls
The Preliminary Grading Plan included as Sheet C.3 of Exhibit 17 provides information regarding earth movement and the location and height of retaining walls. The grading activities would adjust the elevations of the site to accommodate the 28 buildings, alleyways, parking areas, and other site amenities. The maximum proposed grading depths include up to 12.9 feet of cut and 5.1 feet of fill. Preliminary cumulative grading quantities total 32,100 cubic yards, well above the 50 cubic yard threshold for requirement of a Grading Permit. The Town’s Parks and Public Works Engineering staff have included a condition of approval requiring submittal and evaluation of a Grading Permit in parallel with the required Building Permits (Exhibit 3).

Retaining walls are proposed along the east and west portions of the development area.

Multiple-terraced retaining walls are proposed on the east edge of the development progressing up the hillside. The maximum height of these walls is five feet. The retaining walls on the west side of the development include a maximum five-foot tall wall running

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ITEM NO. 10.

PAGE 9 OF 15
SUBJECT: 50 Los Gatos-Saratoga Road/ S-23-042, U-23-017, and M-23-009 DATE: February 7, 2025
adjacent to the pedestrian path between the entrance to the site and the high school, and a one-foot, six-inch tall wall along the property line adjacent to the highway 17 offramp. All retaining walls comply with the objective design standards for retaining walls, with the exception of the retaining wall adjacent to the Highway 17 offramp which does not meet the standard that retaining walls no run in a continuous direction for more than 50 feet without a break, offset, or landscape pocket.

F. Parking
The Town Code requirements for parking in a multi-family residential project are one and one-half spaces for each unit, plus one space per unit for guest parking. This equates to 233 parking spaces and 155 guest parking spaces. Since the project qualifies under SDBL, the applicant has selected to utilize the reduced parking requirements from the statute, which supersede the Town’s. Through SDBL, the parking requirement is 303 total spaces with no guest parking requirement. The proposed project includes 310 spaces accommodated in the private garages and 20 guest parking spaces.

G. Tree Impacts
There are approximately 330 existing trees in the vicinity of the development. The development plans show that 264 trees would be removed, 202 of which are protected trees under the Town Code. Based on the canopy size of the protected trees proposed for removal, approximately 779 trees would need to be planted onsite to offset the removal.

The applicant has the option to request in-lieu payment for any required replacement trees that cannot be accommodated on site. The preliminary landscape plan shows that 220 trees are proposed on site (Exhibit 17, sheet L1.0.)
The applicant submitted an arborist report for peer review by the Town’s Consulting Arborist. Following several rounds of review, the revised arborist report from the applicant was confirmed to meet the Town’s requirements by the Consulting Arborist. The arborist report for the project is included as Exhibit 9 and tree protection details are provided on Sheet T-5 of Exhibit 17. If the project is approved, tree protection measures would be implemented prior to construction and maintained for the duration of construction activity.

Arborist recommendations for tree protection have been included in the Conditions of Approval to mitigate impacts to protected trees (Exhibit 3).

H. State Density Bonus Law Concession and waivers
As discussed above, through SDBL, qualifying projects are entitled to a density bonus, as well as concessions, waivers, and parking reductions. The proposed project is entitled to one concession, unlimited waiver requests, and reduced parking requirements.

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ITEM NO. 10.

PAGE 10 OF 15
SUBJECT: 50 Los Gatos-Saratoga Road/ S-23-042, U-23-017, and M-23-009 DATE: February 7, 2025
The property is zoned CH:PD:HEOZ. Residential uses are only allowed in the CH zone within a mixed-use or live/work development with approval of a CUP. The applicant requests approval of a concession to allow for a standalone multi-family residential use without a commercial or office component. The applicant provided a Letter of Justification that details the requested concession, noting that a commercial or office component would not be able to generate revenue sufficient to cover the cost of land and construction, resulting in a loss for the project (Exhibit 6). Additionally, the applicant notes that inclusion of commercial or office space would result in a reduction in the number of residential units.

The Letter of Justification also discusses the waivers to development standards requested by the applicant and why they are needed to construct the project (Exhibit 6). Exhibit 10 includes a table summarizing the concession and waivers requested by the applicant along with their justification. The findings for granting concessions and waivers pursuant to SDBL are included in Exhibit 2.

I. Below Market Price (BMP) Units
The proposed project includes a total of 155 units, 26 of which would be designated as affordable units. The Town’s BMP ordinance and policy requires that multi-family residential developments with more than 100 units provide a number of BMP units equal to 20 percent of the market rate units. The project includes 129 market rate units, requiring a minimum of 26 BMP units. The proposed 26 BMP units meets the Town’s BMP requirements.

Sheet A05 of Exhibit 17 shows the distribution of the 26 BMP units within the development.

The table below provides a summary of the BMP units by income level and number of bedrooms. As required by the BMP Guidelines, the moderate-income units will be restricted to those whose income is above 80 percent, but no greater than 120 percent of the median area income, and the low-income units will be restricted to those whose income is above 50 percent, but no greater than 80 percent of the median area income. Conditions of approval are included in Exhibit 3 pertaining to the provision and sale of the BMP units.

BMP Units
Unit Type Moderate Income Low Income
Two Bedroom 1 2
Three Bedroom 4 7
Four Bedroom 5 7
TOTAL 10 17
J. No Net Loss Law
Pursuant to Government Code Section 65863 (No Net Loss Law), the Town must maintain adequate capacity in the Housing Element to accommodate its remaining unmet Regional

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ITEM NO. 10.

PAGE 11 OF 15
SUBJECT: 50 Los Gatos-Saratoga Road/ S-23-042, U-23-017, and M-23-009 DATE: February 7, 2025
Housing Needs Assessment (RHNA) by each income category at all times throughout the entire planning period. To comply with the No Net Loss Law, as the Town makes decisions regarding zoning and land use, or development occurs, the Town must assess its ability to accommodate new housing within the remaining capacity of the Housing Element. If the Town approves a development of a parcel identified in the Housing Element with fewer units than anticipated, the Town must either make findings that the remaining capacity of the Housing Element is sufficient to accommodate the remaining unmet RHNA by each income level, or identify and make available sufficient sites to accommodate the remaining unmet RHNA for each income category. The Town may not disapprove a housing project on the basis that approval of the development would trigger the identification or zoning of additional adequate sites to accommodate the remaining RHNA.

As described in the table below, the project provides fewer Very Low, Low, and Moderate Income units than anticipated in the Sites Inventory of the Housing Element, but more Above Moderate Income units, producing a net cumulative deficit of 105 units for the site.

No Net Loss Evaluation
Evaluation of the Proposed Project’s Impact on the Anticipated Development Potential Assumed in the Housing Element Site Inventory for the Subject Property
Units by Income Category
Very Low Low Moderate Above
Moderate
Net Total
Anticipated Development
Potential Included in the Sites
Inventory of the Housing
Element 86 86 62 28* 262
Proposed Project 0 16 10 131* 157
Net Site-Level Impact from the
Proposed Project to Housing
Element Assumed
Development Potential -86 -70 -52 +103 -105
* The Sites Inventory of the Housing Element anticipated full redevelopment of included sites, resulting in demolition of any existing units. The subject property includes a two-family residence categorized at an Above Moderate Income level, which was assumed for demolition in the Sites Inventory of the Housing Element. The proposed project would retain the two existing units, which is reflected in the Above Moderate Income column of this table.

The following table shows that the cumulative impact of the project on the capacity of the Housing Element allows the Town to maintain a positive surplus in each income category.

The remaining capacity of the Housing Element is adequate to meet the Town’s remaining RHNA requirements. The No Net Loss findings can be made, and the Town is not required to identify additional sites to accommodate the remaining RHNA as a result of this project.

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ITEM NO. 10.

PAGE 12 OF 15
SUBJECT: 50 Los Gatos-Saratoga Road/ S-23-042, U-23-017, and M-23-009 DATE: February 7, 2025
No Net Loss Evaluation
Evaluation of the Proposed Project’s Impact on the Cumulative Housing Element Sites Inventory Surplus Units by Income Category
Very Low Low Moderate Above
Moderate
Net Total
Housing Element Sites
Inventory Surplus 157 111 91 19 378
Net Site-Level Impact from the
Proposed Project to Housing
Element Assumed
Development Potential -86 -70 -52 103 -105
Remaining Housing Element
Sites Inventory Surplus with
Project Approval 71 41 39 122 173
K. Neighbor Outreach
As summarized in Exhibit 11, the applicant has independently conducted three neighborhood meetings and several other meetings with outreach groups.

L. CEQA Determination
CEQA Guidelines Section 15183 allows a streamlined environmental review process for projects that are consistent with the densities established by existing zoning, community plan, or general plan policies for which an Environmental Impact Report (EIR) was certified.

The Town Council adopted the 2040 General Plan and certified the 2040 General Plan EIR on June 30, 2022. On April 2, 2024, the Town Council voted to rescind the Land Use Element and Community Design Element of the 2040 General Plan. Therefore, the Town’s current General Plan consists of the Land Use Element and Community Design Element of the 2020 General Plan, and the remaining elements of the 2040 General Plan. The 2020 General Plan EIR is the effective EIR for the Land Use Element and The Community Design Element.

Projects that are consistent with the densities and use characteristics considered by the General Plan EIRs may qualify for the 15183 exemption process.

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ITEM NO. 10.

PAGE 13 OF 15
SUBJECT: 50 Los Gatos-Saratoga Road/ S-23-042, U-23-017, and M-23-009 DATE: February 7, 2025
Geotechnical Report; Noise Assessment; and Transportation Analysis (Exhibit 1). All technical reports were peer reviewed by the Town or the Town’s consultants. The Initial Study concluded that additional environmental review is not necessary pursuant to CEQA Guidelines Section 15183: Streamlining Process, since the proposed project’s environmental impacts were adequately addressed in the EIRs prepared for the 2020 General Plan and/or 2040 General Plan, as applicable, and through implementation of applicable General Plan polices identified in the Initial Study for inclusion in the conditions of approval.

PUBLIC COMMENTS:

Project identification signage was installed on the Los Gatos-Saratoga Road and Bella vista Avenue street frontages by June 26, 2024, consistent with Town policy. Visual simulations were completed by the Town’s consultant and posted to the Town’s website by January 28, 2025 (Exhibit 12). Written notice was sent to property owners and tenants within 1,000 feet of the subject property and notice of public hearing signage was installed on the street frontages by January 30, 2025, in anticipation of the February 12, 2025, Planning Commission meeting.

Staff conducted outreach through the following media and social media resources, for both the availability of the visual simulations and notice of the public hearing:
• The Town’s website home page, What’s New;
• The Town’s Facebook page;
• The Town’s Twitter account;
• The Town’s Instagram account; and
• The Town’s NextDoor page.

Public comments received by 11:00 a.m., Friday, February 7, 2025, are included as Exhibit 16.

CONCLUSION:

A. Summary
The applicant is requesting approval of Architecture and Site, Conditional Use Permit, and Subdivision applications to demolish existing hotel structures (Los Gatos Lodge), construct a multi-family residential development (155 units), a conditional use permit, a condominium vesting tentative map, site improvements requiring a grading permit, and remove large protected trees under SB 330 on property zoned CH:PD:HEOZ, located at 50 Los GatosSaratoga Road. As detailed above, the application was submitted and is being processed under SB 330. The project qualifies for a concession and unlimited waivers under SDBL. The applicant has invoked the Builder’s Remedy, but it has not yet been implemented. The deviations from the Town’s standards included in the project are requested exclusively through SDBL for which the applicant provided justification addressing the required findings for each.

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ITEM NO. 10.

PAGE 14 OF 15
SUBJECT: 50 Los Gatos-Saratoga Road/ S-23-042, U-23-017, and M-23-009 DATE: February 7, 2025
B. Recommendation
Staff recommends that the Planning Commission consider the request and, if merit is found with the proposed project, forward a recommendation that the Town Council approve the Architecture and Site, Conditional Use Permit, and Subdivision applications by taking the following actions:

1. Make the finding that additional environmental review is not necessary pursuant to CEQA Guidelines Section 15183: Streamlining Process, since the proposed project’s environmental impacts were adequately addressed in the Environmental Impact Reports (EIR) prepared for the 2020 General Plan and/or 2040 General Plan, as applicable (Exhibit 2);

2. Make the finding that the project is consistent with the General Plan (Exhibit 2);

3. Make the finding that the proposed project complies with Section 66474 of the State Subdivision Map Act and make affirmative findings to approve the subdivision (Exhibit 2);

4. Make the findings as required by Section 29.20.190 of the Town Code for granting a CUP (Exhibit 2);

5. Make the finding that the project meets the objective standards of Chapter 29 of the Town Code (Zoning Regulations) except for the concession and waivers requested pursuant to State Density Bonus Law (Exhibit 2);

6. Make the finding that the project meets the Town of Los Gatos Objective Design Standards for Qualifying Multi-Family and Mixed-Use Residential Development except for the waivers requested pursuant to State Density Bonus Law (Exhibit 2);

7. Make the affirmative findings as required by State Density Bonus Law for granting a concession pursuant to California Government Code Section 65915 (d) and for granting waivers pursuant to California Government Code Section 65915 (a)(2) (Exhibit 2);

8. Make the considerations as required by Section 29.20.150 of the Town Code for granting approval of an Architecture and Site application (Exhibit 2);

9. Make the findings that the proposed project complies with California Government Code Section 65863 regarding state RHNA requirements, the Town’s Housing Element Sites Inventory, and No Net Loss Law (Exhibit 2); and

10. Approve Architecture and Site Application S-23-042, Conditional Use Permit Application U-23-017, and Subdivision Application M-23-009 with the recommended conditions contained in Exhibit 3 and the development plans in Exhibit 17.

C. Alternatives
Alternatively, the Planning Commission can:

1. Continue the matter to a date certain with specific direction; or

2. Approve the application with additional and/or modified conditions; or

3. Deny the application.

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ITEM NO. 10.

PAGE 15 OF 15
SUBJECT: 50 Los Gatos-Saratoga Road/ S-23-042, U-23-017, and M-23-009 DATE: February 7, 2025
EXHIBITS:

1. Final Initial Study – December 24, 2024
(available online at https://www.losgatosca.gov/50LGS)

2. Required Findings and Considerations

3. Recommended Conditions of Approval

4. Location Map

5. Project Description Letter

6. Letter of Justification

7. Consulting Architect’s Report

8. Applicant’s Response to Consulting Architect’s Report

9. Final Arborist’s Report

10. Table of Requested Waivers Through State Density Bonus Law

11. Neighbor Outreach Summary

12. Visual Renderings

13. Construction Phasing Exhibit

14. Objective Design Standards Checklist

15. Letter from SummerHill Regarding Commissioner Stump

16. Public comments received by 11:00 a.m., Friday, February 7, 2025

17. Development Plans

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ITEM NO. 10.

S:\PLANNING COMMISSION REPORTS\2025\02-12-2025\Item 3 - 50 Los Gatos-Saratoga Road\Exhibit 2 - Required Findings and Considerations.docx PLANNING COMMISSION – February 12, 2025
REQUIRED FINDINGS AND CONSIDERATIONS FOR:
50 Los Gatos-Saratoga Road
Architecture and Site Application S-23-042
Conditional Use Permit Application U-23-017
and Subdivision Application M-23-009
Consider a Request for Approval to Demolish Existing Hotel Structures (Los Gatos Lodge), Construct a Multi-Family Residential Development (155 Units), a Conditional Use Permit, a Condominium Vesting Tentative Map, Site Improvements Requiring a Grading Permit, and Remove Large Protected Trees Under Senate Bill 330 (SB 330) on Property Zoned CH:PD:HEOZ. APNs 529-24-032, 529-24-001, and 529-24-003. No Additional Environmental Review is Necessary Pursuant to CEQA Guidelines Section 15183: Streamlining Process, Since the Proposed Project’s Environmental Impacts were Adequately Addressed in the 2020 General Plan EIR and/or 2040 General Plan EIR, as Applicable.

Property Owner: Keet S. Nerhan
Applicant: SummerHill Homes, LLC
Project Planner: Sean Mullin.

FINDINGS
Required finding for CEQA:
■ As required, additional environmental review is not necessary pursuant to CEQA Guidelines Section 15183: Streamlining Process, since the proposed project’s environmental impacts were adequately addressed in the Environmental Impact Reports (EIR) prepared for the 2020 General Plan and/or 2040 General Plan, as applicable. An Initial Study was prepared for the project in support of this determination.

Required finding for consistency with the Town’s General Plan:
■ That the proposed Zone Change is consistent with the General Plan and its Elements in that the proposed zoning is consistent with the existing General Plan Land Use designation.

Required findings to deny a Subdivision application:
■ As required by Section 66474 of the State Subdivision Map Act the map shall be denied if any of the following findings are made: None of the findings could be made to deny the application.

Instead, the Town Council makes the following affirmative findings:

Page 295 ends

ITEM NO. 10.

S:\PLANNING COMMISSION REPORTS\2025\02-12-2025\Item 3 - 50 Los Gatos-Saratoga Road\Exhibit 2 - Required Findings and Considerations.docx a. That the proposed map is consistent with all elements of the General Plan. b. That the design and improvement of the proposed subdivision is consistent with all elements of the General Plan.
c. That the site is physically suitable for the type of development. d. That the site is physically suitable for the proposed density of development e. That the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage nor substantially and avoidably injure fish or wildlife or their habitat
f. That the design of the subdivision and type of improvements is not likely to cause serious public health problems.
g. That the design of the subdivision and the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.

Required findings for a Conditional Use Permit:
■ As required by Section 29.20.190 of the Town Code for granting a Conditional Use Permit:

The deciding body, on the basis of the evidence submitted at the hearing, may grant a conditional use permit when specifically authorized by the provisions of the Town Code if it finds that:

1. The proposed use is desirable to the public convenience because it provides an additional residential dwelling units in the Town; and

2. The proposed use would not impair the integrity of the zone, in that the proposed use is allowed in the CH zone with the granting of the concession pursuant to State Density Bonus Law; and

3. The proposed use would not be detrimental to public health, safety, or general welfare, as the conditions placed on the permit and existing regulations would maintain the welfare of the community; and

4. The proposed use is in conformance with the Town Code and General Plan with the granting of the concession pursuant to SDBL.

Required compliance with the Zoning Regulations:
■ The project meets the objective standards of Chapter 29 of the Town Code (Zoning Regulations) except for the concession and waivers requested pursuant to State Density Bonus Law.

Required compliance with the Town of Los Gatos Objective Design Standards for Qualifying Multi-Family and Mixed-Use Residential Development:
■ The project meets the Town of Los Gatos Objective Design Standards for Qualifying MultiFamily and Mixed-Use Residential Development except for the waivers requested pursuant

Page 296 ends

ITEM NO. 10.

S:\PLANNING COMMISSION REPORTS\2025\02-12-2025\Item 3 - 50 Los Gatos-Saratoga Road\Exhibit 2 - Required Findings and Considerations.docx to State Density Bonus Law.

Required for granting concession and waivers pursuant through State Density Bonus Law:

Concession(s) or incentive(s)
■ CA Government Code Section 65915:
(d) The Town shall grant concession(s) or incentive(s) requested by the applicant unless the Town makes a written finding, based upon substantial evidence, of any of the following:
(A) The concession or incentive does not result in identifiable and actual cost reductions, consistent with subdivision (k), to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c). (B) The concession or incentive would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households. (C) The concession or incentive would be contrary to state or federal law.

Waivers
■ CA Government Code Section 65915 (a)(2):

The Town shall grant waivers to the Town’s development standards requested by the applicant unless the Town makes a written finding, based upon substantial evidence, that the development standard for which the waiver is requested would not physically preclude the construction of the development at the densities and with the concession permitted through Density Bonus Law.

Required finding for consistency with California Government Code Section 65863 regarding state RHNA requirements, the Town’s Housing Element Sites Inventory, and No Net Loss Law:

As required for approval of a development of any parcel with fewer units by income category than was identified in the Town’s Housing Element for that parcel:
■ The project provides fewer Very Low, Low, and Moderate Income units than anticipated in the Housing Element Sites Inventory, but more Above Moderate Income units, producing a net cumulative deficit of 105 units for the site. The cumulative impact of the project on the capacity of the Housing Element allows the Town to maintain a positive surplus in each income category. The remaining capacity of the Housing Element is adequate to meet the requirements of Section 65583.2 and to accommodate the Town’s share of the regional housing need pursuant to Section 65584. As required by Government Code Section 65863, the following No Net Loss findings are made:

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Los Gatos City CouncilMarch 4, 2025

Los Gatos City Council
March 4, 2025