110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 06/03/2025
ITEM NO:1
DESK ITEM
DATE: June 3, 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 Commercial Structures, Construct a Multi-Family Live/Work Development (55 Units), a Conditional Use Permit for a Live/Work 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:HEOZ. APNs 424-19-048 and 424-19-049. Located at 15349-15367 Los Gatos Boulevard. No Additional Environmental Review is Necessary Pursuant to CEQA Guidelines Sections 15162: Subsequent EIRs and 15168: Program EIR, 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-24-015, Conditional Use Permit Application U-24-006, Vesting Tentative Map Application M-24-008. Property Owner: Jonathan Peck. Applicant: City Ventures. Project Planner: Sean Mullin.
REMARKS:
Attachment 9 includes the staff presentation.
Attachment 10 includes public comments received between 11:10 a.m., Friday, May 30, 2025, and 11:00 a.m., Tuesday, June 3, 2025.
Previously Received with the June 3, 2025, Staff Report:
1. Final Initial Study – March 2025
(available online at https://www.losgatosca.gov/DocumentCenter/Index/2223)
2. Draft Resolution making the required findings and approving the applications subject to the Conditions of Approval (included as Exhibit A)
3. April 23, 2025, Planning Commission Staff Report, with Exhibits 2 through 16
4. April 23, 2025, Planning Commission Addendum, with Exhibit 17
5. April 23, 2025, Planning Commission Desk Item, with Exhibit 18
6. April 23, 2025, Planning Commission Verbatim Minutes
7. Applicant’s Response to Planning Commission Recommendations
8. Public comments received by 11:00 a.m., Friday, May 30, 2025 PAGE 2 OF 2
SUBJECT: 15349-15367 Los Gatos Boulevard
DATE: June 3, 2025
Received with this Desk Item:
9. Staff Presentation
10. Public comments received between 11:10 a.m., Friday, May 30, 2025, and 11:00 a.m., Tuesday, June 3, 2025.
SB 330 & Density
Bonus Law
Town Council Meeting
June 3, 2025
ATTACHMENT 9
Senate Bill 330
Authorizes Applicants to
Submit an SB 330 Preliminary
Application (Gov. Code Section
65941.1.)
Senate Bill 330
When complete preliminary
application is submitted,
applicant vests to development
standards in place at the time
application was submitted.
This project is an SB 330 Project
The project has vested to the
development standards in place
when its preliminary application
was submitted.
This project is an SB 330 Project
This project is relying on State
Density Bonus Law and is not
invoking Builder’s Remedy at
this time.
State Density Bonus Law
• Codified at Government Code
Sections 65915 and following
• 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.
State Density Bonus Law
• This applicant is not seeking a
density bonus.
• This applicant is using
incentives/concessions and
waivers.
Incentives/Concessions
“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 . . .”
Incentives/Concessions
b.Approval of mixed-use
zoning.
c.Other regulatory incentives
or concessions that result in
cost reductions. (Gov. Code
Section 65915(k).)
State Density Bonus Law - Waivers
Applicants may seek waivers of
any development standards that
would “physically preclude” the
development at the densities or
with the permitted
concessions/incentives.
QUESTIONS
From: Matt DiNapoli < >
Sent: Monday, June 2, 2025 4:45 PM
To: Sean Mullin <[email protected]>
Subject: 15349 and 15367 Los Gatos Boulevard
[EXTERNAL SENDER]
Dear Town of Los Gatos,
I am writing in support of the proposed development project located at 15349 and 15367 Los Gatos Boulevard. As a resident of Los Gatos, I am very much for protecting and guarding the town’s character and sense of place. I am not thrilled about some of the overly large builder’s remedy projects that have been submitted to the Town but I do believe that well envisioned, thoughtfully designed, and professionally implemented projects like this one could help Los Gatos achieve its housing goals and provide attainable housing for its residents. I personally believe that the location on Los Gatos Boulevard fits with other developments in that area and would contribute positively to our Town. If our goal is to build more housing, this is a great place to do it.
Thank you for listening.
Matt DiNapoli
F. Matthew DiNapoli
Chief Executive Officer
DiNapoli Capital Partners
ATTACHMENT 10
From: Marc Parkinson
Sent: Monday, June 2, 2025 5:05 PM
To: Sean Mullin <[email protected]>
Subject: town house project
[EXTERNAL SENDER]
Dear Town of Los Gatos,
As a resident of Los Gatos, I support the development of the project located at 15349 and 15367 Los Gatos Boulevard. The Town is in a housing crisis and Council should support this development in order to make progress in attainable housing for every resident in Los Gatos. The project was identified in the 2023 Housing Element and is a great location for housing. The design fits the Los Gatos atmosphere and will contribute positively to Los Gatos Boulevard. I hope to see this project get built!
Thank you,
Marc Parkinson
From: Tod Rudee < >
Sent: Monday, June 2, 2025 6:20 PM
To: Sean Mullin <[email protected]>
Subject: Fwd: 15349-15370 Los Gatos Blvd Proposed Development [EXTERNAL SENDER]
Dear Town of Los Gatos,
As a resident of Los Gatos, I support the development of the project located at 15349 and 15367 Los Gatos Boulevard. The Town is in a housing crisis and Council should support this development in order to make progress in attainable housing for every resident in Los Gatos. The project was identified in the 2023 Housing Element and is a great location for housing. The design fits the Los Gatos atmosphere and will contribute positively to Los Gatos Boulevard. I hope to see this project get built!
Thank you,
Tod R.
From: jvannada
To: Matthew Hudes; Mary Badame; Rob Moore; Rob Rennie; Maria Ristow; Clerk Cc: Town Manager; Katy Nomura; Gabrielle Whelan
Subject: Special Meeting of the Town Council - June 2, 2025 Item 1 Date: Tuesday, June 3, 2025 8:52:39 AM
[EXTERNAL SENDER]
Dear Ms Wood, I have emailed the following to the TC, the TM, the TA for tonight's meeting. Please include in tonight's meeting package as a desk item. Thank you, To: Los Gatos Town Council -
From: Los Gatos Community Alliance
Date: June 2, 2025
Subject: Inadequacy of Current Cumulative Impact Review and Improper Reliance on 2040 General Plan EIR
Item 1
⸻
I. INTRODUCTION
This memorandum raises concerns regarding the adequacy of environmental review for pending and proposed residential development projects in the Town of Los Gatos. In particular, it challenges the Town’s continued reliance on the 2040 General Plan Environmental Impact Report (EIR) for cumulative impacts analysis, despite the Town Council’s repeal of the 2040 Land Use Element and the emergence of high-density Builder’s Remedy projects that were not contemplated in the 2040 General Plan EIR.
⸻
II. BACKGROUND
•The 2040 General Plan and associated Program EIR were adopted and certified on June 30, 2022.
•On April 2, 2024, the Town Council rescinded the Land Use and Community Design Elements of the 2040 General Plan, reverting to the 2020 General Plan for those policy areas.
•Since that time, numerous Builder’s Remedy projects have been filed under the Housing Accountability Act, many proposing significantly higher densitiesthan permitted under prior zoning or evaluated in the 2040 EIR.
•On April 23, 2025, the Planning Commission recommended that the Town Council direct staff to study the cumulative impacts of all SB 330 projects.
⸻
III. CEQA LEGAL FRAMEWORK
Under the California Environmental Quality Act (CEQA), agencies must:
•Evaluate cumulative impacts when the incremental effect of a project is “cumulatively considerable” (CEQA Guidelines § 15130).
•Prepare a Subsequent or Supplemental EIR if substantial changes in the project or circumstances occur that result in new or more severe environmental effects not previously analyzed (CEQA Guidelines § 15162).
•Ensure that tiering from a Program EIR is only allowed if the subsequent activity is within the scope of the program-level analysis (CEQA Guidelines § 15168).
⸻
IV. ANALYSIS
A. Repeal of the 2040 Land Use Element Invalidates Key Assumptions in the 2040 General Plan EIR
The 2040 General Plan EIR evaluated environmental impacts based on the implementation of a specific land use framework. That framework no longer governs land use decisions due to the Council’s 2024 repeal. As a result:
•The underlying assumptions regarding density, distribution, and buildout capacity are now outdated.
•Continued reliance on the 2040 EIR without a new or supplemental EIR contravenes CEQA’s requirement that environmental review reflect the current policy environment.
B. Builder’s Remedy Projects Are Substantially Different from Projects Analyzed in the 2040 EIR
Builder’s Remedy applications across Los Gatos include projects:
•With residential densities and building heights that exceed those analyzedin the 2040 General Plan EIR.
•That are concentrated geographically, particularly in areas previously not planned for high-density housing.
The cumulative effects of these changes, including traffic, infrastructure burden, noise, and air quality, were not adequately addressed in the 2040 EIR.
C. Modified Initial Study Checklists Do Not Satisfy CEQA’s Cumulative Impact Requirements
The Town’s current approach relies on Modified Initial Study Checklists to determine whether a project’s impacts were previously studied. However:
•CEQA Guidelines § 15130 requires a good faith effort to assess cumulative impacts using available information.
•The Checklist method ignores regional and inter-project synergies, treating each project in isolation.
•This piecemeal approach is inappropriate where a pattern of intensificationis emerging town-wide due to Builder’s Remedy filings.
D. A Supplemental or New Programmatic EIR Is Legally Required Under CEQA Guidelines § 15162, the Town is required to prepare a supplemental EIR if:
•There are substantial changes in the project (e.g., repeal of Land Use Element);
•There are changed circumstances (e.g., widespread Builder’s Remedy applications);
•Or new information becomes available (e.g., cumulative impact data from multiple high-density projects).
The Town has recognized this issue by considering the preparation of a Supplemental EIR, but has not acted. Delaying such analysis risks noncompliance with CEQA and jeopardizes the defensibility of project approvals.
⸻
V. RECOMMENDATION
We urge the Planning Commission to recommend the following to the Town Council:
1.Suspend project approvals that rely solely on the 2040 General Plan EIR until a new or supplemental cumulative impact analysis is prepared.
2.Direct staff to prepare a Supplemental or Programmatic EIR that evaluates the combined environmental effects of all pending Builder’s Remedy and SB 330 projects.
3.Use an updated cumulative baseline that reflects the repeal of the 2040 Land Use Element and actual development patterns currently unfolding.
⸻
VI. CONCLUSION
CEQA requires meaningful, updated environmental analysis when land use policies change and development patterns intensify. The Town’s current reliance on the 2040 General Plan EIR for cumulative impact analysis is no longer valid and must be corrected through preparation of a Supplemental EIR or new cumulative EIR that reflects current conditions.
Respectfully submitted,
Jak Van Nada - in behalf of
Los Gatos Community Alliance
Facts Matter; Transparency Matters; Honesty Matters
www.lgca.town