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
DESK ITEM
DATE: March 4, 2025
TO: 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.
REMARKS:
Attachment 10 includes the visual presentation prepared by staff regarding Senate Bill 330 (SB 330) and State Density Bonus Law.
Attachment 11 includes additional public comments received between 11:01 am, Monday, March 3, 2025, and 11:00 am, Tuesday, March 4, 2025.
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SUBJECT: 50 Los Gatos-Saratoga Road/S-23-042, U-23-017, and M-23-009 DATE: March 4, 2025
ATTACHMENTS:
Attachments previously received with the March 4, 2025 Staff Report:
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 Attachments previously received with the March 3, 2025 Addendum:
9. Public comments received between 11:01 am, Thursday, February 27, 2025, and 11:00 am, Monday, March 3, 2025
Attachments received with this Desk Item:
10. Visual presentation prepared by staff regarding Senate Bill 330 (SB 330) and State Density Bonus Law
11. Public comments received between 11:01 am, Monday, March 3, 2025, and 11:00 am, Tuesday, March 4, 2025
Senate Bill 330 & State Density
Bonus Law
Town Council Meeting
March 4, 2025
ATTACHMENT 10
Senate Bill 330
1) Authorizes Applicants to Submit an SB
330 Preliminary Application (Gov. Code
Section 65941.1.)
2) When complete preliminary application
is submitted, applicant vests to
development standards in place at the
time application was submitted.
Los Gatos Lodge is an SB 330 Project
1) This project has vested to the
development standards in place when
its preliminary application was
submitted.
2) The project is relying on State Density
Bonus Law and not the Builder’s
Remedy.
State Density Bonus Law
1) Depending upon the level of affordability,
applicants who provide specified levels of
affordable housing are eligible for density
bonuses, a specified number of
incentives/concessions, and unlimited waivers.
2) This applicant is not seeking a density bonus.
3) This applicant is using incentives/concessions
and waivers.
Incentives/Concessions
4) “Incentives/concessions” are defined as:
a.A reduction in site development standards or a
modification of zoning code requirements or architectural design requirements . . . , including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would
otherwise be required that results in identifiable and actual cost reductions . . . .”
b.Approval of mixed-use zoning.
c.Other regulatory incentives or concessions that result in cost reductions. (Gov. Code Section 65915(k).)
Waivers
5) Density bonus applicants are
entitled to seek unlimited waivers
of any development standards that
would have the effect of “physically
precluding” the development as
proposed.
QUESTIONS?
From: James Lloyd
Sent: Monday, March 3, 2025 3:48 PM
To: Matthew Hudes <[email protected]>; Rob Moore <[email protected]>; Mary Badame <[email protected]>; Rob Rennie <[email protected]>; Maria Ristow <[email protected]>
Cc: Wendy Wood <[email protected]>; Clerk <[email protected]>; Chris Constantin <[email protected]>; Gabrielle Whelan <[email protected]>; Planning <[email protected]>
Subject: Public Comment Item #10 - 3/4/25 Council meeting - 50 Los Gatos-Saratoga Road [EXTERNAL SENDER]
Dear Los Gatos Town Council,
The California Housing Defense Fund (“CalHDF”) submits the attached public comment regarding item 10 on the agenda for the 3/4/25 Council meeting, the proposed 155-unit housing development project at 50 Los Gatos-Saratoga Road, which includes 10 moderate-income units and and 17 lowincome units.
Sincerely,
James M. Lloyd
Director of Planning and Investigations
California Housing Defense Fund
ATTACHMENT 11
Mar 3, 2025
City of Los Gatos
110 E. Main St.
Los Gatos, CA 95030
Re: Proposed Housing Development Project at 50 Los Gatos-Saratoga Road To: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]
Cc: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]
Dear Los Gatos Town Council,
The California Housing Defense Fund (“CalHDF”) submits this letter to remind the Council of its obligation to abide by all relevant state laws when evaluating the proposed 155-unit housing development project at 50 Los Gatos-Saratoga Road, which includes 10 moderate-income units and and 17 low-income units. These laws include the Housing Accountability Act (“HAA”), the Density Bonus Law (“DBL”), and California Environmental Quality Act (“CEQA”) regulations.
The HAA provides the project legal protections. It requires approval of zoning and general plan compliant housing development projects unless findings can be made regarding specific, objective, written health and safety hazards. (Gov. Code, § 65589.5, subd. (d.).) The HAA also bars cities from imposing conditions on the approval of such projects that would render the project infeasible unless, again, such written findings are made. (Ibid.) As a development with at least two-thirds of its area devoted to residential uses, the project falls within the HAA’s ambit, and it complies with local zoning code and the City’s general plan.
Increased density, concessions, and waivers that a project is entitled to under the DBL (Gov.
Code, § 65915) do not render the project noncompliant with the zoning code or general plan, for purposes of the HAA (Gov. Code, § 65589.5, subd. (j)(3)). The HAA’s protections therefore apply, and the City may not reject the project except based on health and safety standards, as outlined above.
CalHDF also writes to emphasize that the DBL offers the proposed development certain protections. The City must respect these protections. In addition to granting the increase in 360 Grand Ave #323, Oakland 94610
www.calhdf.org
residential units allowed by the DBL, the City must not deny the project the proposed waivers and concessions with respect to height, private open space, bicycle parking, setbacks, alley widths, setbacks above second floor, retaining wall lengths, fence/wall in setback along street, utility box screening, variation in building mass, tandem parking, and standalone multi-family residential use without a commercial or office component unless it makes written findings as required by Government Code, section 65915, subdivision (e)(1) that the waivers would have a specific, adverse impact upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact, or as required by Government Code, section 65915, subdivision (d)(1) that the concessions would not result in identifiable and actual cost reductions, that the concessions would have a specific, adverse impact on public health or safety, or that the concessions are contrary to state or federal law. Of note, the DBL specifically allows for a reduction in required accessory parking in addition to the allowable waivers and concessions. (Gov. Code, § 65915, subd. (p).) Additionally, the California Court of Appeal has ruled that when an applicant has requested one or more waivers and/or concessions pursuant to the DBL, the City “may not apply any development standard that would physically preclude construction of that project as designed, even if the building includes ‘amenities’ beyond the bare minimum of building components.” (Bankers Hill 150 v. City of San Diego (2022) 74 Cal.App.5th 755, 775.) The project is also eligible for a streamlined environmental review process pursuant to section 15183 of the CEQA Guidelines, as the project is consistent with the densities and use characteristics considered by the General Plan environmental impact reviews. And recent caselaw from the California Court of Appeal affirms that local governments err, and may be sued, when they improperly refuse to grant a project a CEQA exemption or streamlined CEQA review to which it is entitled. (Hilltop Group, Inc. v. County of San Diego (2024) 99 Cal.App.5th 890, 911.)
As you are well aware, California remains in the throes of a statewide crisis-level housing shortage. New housing such as this is a public benefit: by providing affordable housing, it will mitigate the state’s homelessness crisis; it will bring new customers to local businesses; it will grow the City’s tax base; and it will reduce displacement of existing residents by reducing competition for existing housing. It will also help cut down on transportation-related greenhouse gas emissions by providing housing in denser, more urban areas, as opposed to farther-flung regions in the state (and out of state). While no one project will solve the statewide housing crisis, the proposed development is a step in the right direction. CalHDF urges the City to approve it, consistent with its obligations under state law.
CalHDF is a 501(c)3 non-profit corporation whose mission includes advocating for increased access to housing for Californians at all income levels, including low-income households.
You may learn more about CalHDF at www.calhdf.org.
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Sincerely,
Dylan Casey
CalHDF Executive Director
James M. Lloyd
CalHDF Director of Planning and Investigations
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[EXTERNAL SENDER]
Dear Town Council,
I am excited to hear that the Planning Commission unanimously recommended approval for SummerHill Homes’ project at the Los Gatos Lodge site. Attached, for your review, is the letter of support I submitted as it relates to item 10 on the upcoming meeting agenda. It is included in the planning commission notes. Looking forward to final approval.
Thank you!
Carlos Azucena
From: carlos azucena
Sent: Monday, February 10, 2025 2:21 PM
To: [email protected] <[email protected]>
Cc: [email protected] <[email protected]>
Subject: Support Letter - Old LG Lodge
Hi Sean,
Please see the attached letter in support of the old Los Gatos Lodge project. Seems like a good idea.
Please let me know if you have any questions.
Thanks,
Carlos
Dear Members of the Planning Commission,
As a resident of Los Gatos, I encourage you to approve SummerHill Homes' proposal for townhomes at the Los Gatos Lodge site. This project helps with the town’s housing shortage while maintaining a responsible approach to growth. The last thing the Town needs is a massive, highdensity project there that could alter the character of the Town and create unnecessary congestion.
This project looks as though it would avoid those issues. It seems sensible and overall, a net positive.
It would meet the need to create more housing for essential workers, have some improvements in pedestrian access, and could have strong benefits for the businesses in town. I also don’t think having vehicle access to the high school would help. It certainly would not be helpful to the neighbors on Alberto way and would create another traffic headache which we already have enough of.
I am acutely aware that there is a need for more housing in Los Gatos. That need should be addressed responsibly. This project seems well thought out and can address that need along with imparting other benefits. Please make a recommendation of approval to the Council.
Thank you,
Carlos Azucena
Los Gatos, CA 95030
From: Nick Lamson
Sent: Monday, March 3, 2025 12:04 PM
To: Council <[email protected]>
Subject: Town Council Meeting March 4, 2025
[EXTERNAL SENDER]
Dear Los Gatos Town Council,
I am pleased that the Planning Commission unanimously recommended approval for SummerHill Homes’ project at the Los Gatos lodge site. I see it is item 10 on the upcoming Town Council meeting agenda. Please review the letter of support I submitted that is included in the planning commission notes. I look forward to your final approval of this project.
Thank you,
Nick Lamson
Nick Lamson
Development Manager
McCarthy.us
From: CARIN YAMAMOTO
Sent: Monday, March 3, 2025 3:08 PM
To: Clerk <[email protected]>
Subject: Agenda item #10 for 3/4/25 meeting
[EXTERNAL SENDER]
Hello,
Can you please make this presentation available for review to the Town Council members and Project Managers for tomorrow’s Town Council meeting on March 4,2025.
I am not sure if they will allow me to show the presentation slides on public safety regarding the SB330 building projects on Tuesday. But I wish to voice my concerns over the large projects, like Los Gatos Lodge and the SB330 builds) and what these large builds are going to do to the safety of our neighborhoods in the event of an emergency.
Please let me know if there is a possibility of presenting to the Town Council at the town council meeting or meeting with the Town Council at another time.
Thank you for your support,
Carin Yamamoto
Subject: Pending Project Safety Concerns
https://drive.google.com/file/d/1XDGtCoIeJlOK5SiCq-ftRgrI8n9IDZIl/view?usp=sharing
From: Gloria Prado
Sent: Tuesday, March 4, 2025 7:40 AM
To: Clerk <[email protected]>
Subject: Public Comment Item #8
[EXTERNAL SENDER]
Dear Clerk,
Kindly include the comment below at tonight's Board Meeting regarding item #8:
Good evening Board Members. We are educators and residents of Los Gatos at the Teacher Housing units on Dittos Lane. We are in support of the development plans of condominiums as it offers a viable option for us to purchase a home in the foreseeable future. Thank you for your time.
Thank you,
Gloria
Board Meeting Agenda March 4th: https://mccmeetings.blob.core.usgovcloudapi.net/losgatospubu/MEET-Agenda-0cde1e25f61a40e2a8209ce3493ae6b6.pdf --
Gloria Prado
Administrative Assistant to Assistant Superintendent
Educational Services and Human Resources
Los Gatos Union School District
17010 Roberts Road
Los Gatos, CA 95032
408-335-2040
[email protected]