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Los Gatos Economic Development and Jobs Retention Initiative
Town of Los Gatos
Initiative - Majority Approval Required
Pass: 4652 / 72.72% Yes votes ...... 1745 / 27.28% No votes
Index of all Measures
|Results as of Jul 9 6:44pm, 100.0% of Precincts Reporting (26/26)|
|Information shown below: Yes/No Meaning | Impartial Analysis | Arguments | Full Text|
Shall the Town's General Plan, General Plan Land Use Map, and Zoning Code and Map be amended and shall the Albright Specific Plan be adopted to provide land use rules for approximately 21.6 acres of land at 90-160 Albright Way and 14600 Winchester Boulevard?
The Project approved by the Town Council in June 2013 allowed for the development of a new office and research and development (R&D) park. The Town Council approved Project provided for the removal of existing buildings on the site and the construction of four new office and R&D buildings up to a maximum of 485,000 square feet of enclosed space. Parking, driveways, and landscaping would also be developed.
If approved by the voters, Measure A would repeal Town Council approvals for the Project, amend the Los Gatos General Plan and Zoning Code, and adopt the Albright Specific Plan for this site. The Albright Specific Plan provides standards, rules and guidelines for development of the site. In general, the development allowed by the Albright Specific Plan would be similar to the project the Town Council approved in June 2013 including the developer's obligation to pay similar fees, including a Traffic Impact Mitigation Fee, school impact fees, and a Community Benefit Payment. The Albright Specific Plan would be exempt from any further environmental review but does incorporates all the mitigation measures identified in the Environmental Impact Report for the 2013 Project approved by the Town Council and also incorporates all of the Conditions of Approval adopted by the Town Council for the Project.
However, Measure A would allow 11 more parking spaces and development of elevated walkways (pedestrian bridges) between buildings on the site. Under the project as approved by the Town Council, future changes to allowed land uses on the site would be made by the Town Council. Under Measure A, such changes could only be made by Town voters until 2021, after which the Town Council would again decide on changes.
To be adopted, Measure A must be approved by a simple majority of the voters in the Town of Los Gatos.
A "yes" vote on Measure A favors amending the General Plan and Zoning Code and Adopting a Specific Plan for the project site.
A "no" vote on Measure A opposes amending the General Plan and Zoning Code and adoption of the Albright Specific Plan. A "no" would allow development for the project site to proceed pursuant to June 2013 Town Council approvals.
Date: March 17, 2014
/s/ Robert Schultz
News and Analysis|
Silicon Valley Business Journal
|Arguments For Measure A|
Passage of Measure A will once and for all allow for the expansion of the Netflix headquarters in Los Gatos.
Independent analysis shows that the Netflix headquarters expansion will:
Following qualification of the initiative, the Town Council requested an independent review to determine if any substantial differences existed between the project that was approved by the Town Council in June of 2013 and the "Albright Specific Plan" project which is proposed by the initiative. The independent review concluded that "the physical aspects of the Specific Plan would be similar to the 2013 Project" and "key differences . . . are primarily procedural."
At the March 3, 2014 Town Council meeting, the individuals responsible for the lawsuits joined with Town leaders and the developers of the Netflix headquarters expansion to sign a settlement agreement. In the words of many attendees at that meeting, "It's time to move on." We couldn't agree more.
Please join us in voting Yes on A to ensure that Netflix calls Los Gatos home for years to come.
/s/ Mike D. Kail
/s/ LezLi Logan
/s/ Linda Nanez
/s/ Carl Guardino
/s/ Ginger Reynolds-Rowe
(No arguments against Measure A were submitted)
|Full Text of Measure A|
|The people of the Town of Los Gatos ordain as follows:
Section 1. Title.
This initiative measure ("Initiative") shall be known as the "Los Gatos Economic Development and Jobs Retention Initiative."
Section 2. Findings and Purpose.
A. Findings. The people of the Town of Los Gatos find and declare the following:
1. The office park located at 90-160 Albright Way and 14600 Winchester Boulevard, APNs 424-31-053, -054, -063, 424-32-038, -045, -049, -054, -059, -060, -063, (collectively, the "Property") as shown in Figure 2-3 of Exhibit D hereto, has been used as an industrial office park that was previously developed with ten one- and two-story concrete office buildings constructed in the 1970s and 1980s, and which together were approximately 250,000 square feet.B. Purpose. The purpose of this Initiative is to preserve the unique character of the Town of Los Gatos while enhancing its existing employment base, which will support downtown businesses, and to benefit the citizens of Los Gatos by ensuring that new development in the Town provides outstanding community benefits in exchange for the privilege of building in Los Gatos, including the replacement of existing, outmoded buildings with "Class A" commercial space of high-quality design that is compatible and consistent with the surrounding uses.
Section 3. Town of Los Gatos General Plan Amendments.
The voters hereby amend the Land Use Element and Land Use Map of the General Plan, adopted on September 20, 2010, as follows (new language to be inserted into the General Plan is shown as underlined text):
Section E, General Plan Land Use Designations, on Page LU-12, Figure LU-3, a copy of which is attached for informational purposes only at page B-1 of Exhibit B hereto, is hereby amended to redesignate the Property from Light Industrial to Albright Specific Plan, as set forth on page B-2 of Exhibit B hereto (page B-3 of Exhibit B hereto is for informational purposes only).Section 4. Amendment to the Zoning Code.
The Zoning Map of the Zoning Code (Chapter 29 of the Code of the Town of Los Gatos), a copy of which is attached for informational purposes only at page C-1 of Exhibit C hereto, is hereby amended to change the Property's zoning from CM:PD (Controlled Manufacturing, Planned Development) to Albright Specific Plan, as set forth on page C-2 of Exhibit C hereto (page C-3 of Exhibit C hereto is for informational purposes only).
By adopting the Albright Specific Plan zoning for the Property, the voters intend to rescind, and do hereby rescind, the existing zoning for the Property, which was previously approved through Town Ordinance 2216, a copy of which is attached hereto as Exhibit A (shown in strikethrough to indicate voter intent to rezone the Property through this Initiative), and to replace that zoning with the Albright Specific Plan, effective immediately as of the date of adoption of this Initiative.
Section 5. Adoption of the Albright Specific Plan.
The Albright Specific Plan, attached hereto as Exhibit D, is hereby adopted. The full text of Exhibit D commences on page D-1 of this Initiative.
Section 6. Implementation of this Initiative.
A. Upon the effective date of this Initiative, the Town is directed to promptly take all appropriate actions needed to implement this Initiative. This Initiative is considered adopted and effective upon the earliest date legally possible after the Elections Official certifies the vote on the Initiative by the voters of the Town of Los Gatos.
B. Upon the effective date of this Initiative, the provisions of Section 3 of this Initiative are hereby inserted into the General Plan; except that if the four amendments of the General Plan permitted by state law for any calendar year have already been utilized in the year in which this Initiative becomes effective, the General Plan amendments set forth in this Initiative shall be the first amendments inserted into the General Plan on January 1 of the next year.
C. The General Plan in effect on the date of filing of the Notice of Intent to Circulate this Initiative ("Filing Date"), and the General Plan as amended by this Initiative, comprise an integrated, internally consistent and compatible statement of policies for the Town. To ensure that the Town's General Plan remains an integrated, internally consistent and compatible statement of policies for the Town, any provision of the General Plan that is adopted between the Filing Date and the effective date of the General Plan amendments adopted by this Initiative shall, to the extent that such interim-enacted provision is inconsistent with the General Plan amendments adopted by this Initiative, be amended as soon as possible and in the manner and time required by state law to ensure consistency between the provisions adopted by the Initiative and other elements of the General Plan.
Section 7. Effect of Other Measures on the Same Ballot.
In approving this Initiative, it is the voters' intent to create a comprehensive regulatory plan to govern the future use and development of the Property. To ensure that this intent is not frustrated, this Initiative is presented to the voters as an alternative to, and with the express intent that it will compete with, any and all voter initiatives or Town-sponsored measures placed on the same ballot as this Initiative and which, if approved, would regulate the use or development of the Property in any manner whatsoever (each, a "Conflicting Initiative"). In the event that this Initiative and one or more Conflicting Initiatives are adopted by the voters at the same election, then it is the voters' intent that only that measure which receives the greatest number of affirmative votes shall control in its entirety and said other measure or measures shall be rendered void and without any legal effect. In no event shall this Initiative be interpreted in a manner that would permit its operation in conjunction with the non-conflicting provisions of any Conflicting Initiative. If this Initiative is approved by the voters but superseded by law in whole or in part by any other Conflicting Initiative approved by the voters at the same election, and such Conflicting Initiative is later held invalid, this Initiative shall be self-executing and given full force of law.
Section 8. Interpretation and Severability.
A. This Initiative must be interpreted so as to be consistent with all federal and state laws, rules, and regulations. If any section, sub-section, sentence, clause, phrase, part, or portion of this Initiative is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision does not affect the validity of the remaining portions of this Initiative. The voters declare that this Initiative, and each section, sub-section, sentence, clause, phrase, part, or portion thereof, would have been adopted or passed irrespective of the fact that any one or more sections, sub-sections, sentences, clauses, phrases, part, or portion is found to be invalid. If any provision of this Initiative is held invalid as applied to any person or circumstance, such invalidity does not affect any application of this Initiative that can be given effect without the invalid application.
B. If any portion of this Initiative is held by a court of competent jurisdiction to be invalid, we the People of the Town of Los Gatos indicate our strong desire that: (i) the Town Council use its best efforts, to sustain and re-enact that portion, and (ii) the Town Council implement this Initiative by taking all steps possible to cure any inadequacies or deficiencies identified by the court in a manner consistent with the express and implied intent of this Initiative, including adopting or reenacting any such portion in a manner consistent with the intent of this Initiative.
C. This Initiative must be broadly construed in order to achieve the purposes stated above. It is the intent of the voters that the provisions of this Initiative be interpreted or implemented by the Town and others in a manner that facilitates the purpose set forth in this Initiative.
Section 9. Amendment.
Prior to June 3, 2021, the provisions of this Initiative and the Amendments and Specific Plan that it adopts can be amended or repealed only by a majority of the voters of the Town voting in an election held in accordance with state law. On or after June 3, 2021, a vote of the people shall not be required to amend or repeal any portion of this Initiative, and this Initiative and the Amendments and Specific Plan that it adopts, including all exhibits thereto, may be amended or repealed by any procedure otherwise authorized by law.