Since a Planning Commission item about a controversial development at 220 Belgatos Road was headed for tabling Wednesday evening, as an environmental review continues, Chair Steve Raspe asked staff for background into two laws that could affect the outcome: the Naylor Act and the Surplus Land Act.
In this case, a traditional suburban-style development has been proposed for an empty field next to a school site.
Town Attorney Gabrielle Whelan said the Naylor Act comes from the Education Code, and its goal is to prioritize public agency access to land that was previously used as a playground, playing field or greenspace. “It requires that, before a property is sold, that the property be offered to any public agencies in the area that might want to continue its use as a playground or open space,” she said.
Meanwhile, the Surplus Land Act falls under the Government Code and applies municipalities and school districts. “It requires that property be offered to low-income housing developers and park districts before it’s sold, to give them a chance to make an offer,” she said. “There are a number of exceptions to that requirement, for example if a parcel of land is very small.” However, the Department of Housing and Community Development has to sign-off on it. “Another exemption would be when property is being exchanged for land that’s located elsewhere,” Whelan continued. “And so, both of these things apply prior to the sale of property.”
Commissioner Melanie Hanssen said she was confused why a subdivision ask was on her plate.
“I thought that we had heard this before and that the subdivision part of this was complete,” she said. “It’s still saying subdivision. Because we had a hearing, and there was discussion…and I thought it was decided to divide the land up between public and then the proposed housing development that Robson Homes is going to do…I’m a little unclear why the subdivision thing is still on the table.”
Staff said they weren’t sure if the subdivision had come to Planning Commission before.
“I know what’s carried with this project are two applications: the General Plan amendment; and the subdivision into two parcels on this lot,” said Planning Manager Sean Mullin, adding he didn’t think the General Plan Committee had heard the item either.
“I’m sure that we did,” Hanssen emphasized. “The specifics of the subdivision application was to take the parcel and leave part of it for public, and the rest would be targeted for…residential.”
Vice Chair Emily Thomas said she remembered hearing the item already.
Staff said they would prepare a report outlining the history of the project, including what happened at any relevant hearing.
On Sept. 26, Los Gatos resident John Shepardson sent an email to the Town urging Planning Commission to reject the General Plan amendment.
“Open Space is scarce in LG. Once it’s gone, it’s forever,” he wrote. “We don’t need another 10 or 12 4.5M homes. Let’s partner with other agencies, keep the fields open for sports, gardens, play, and use the buildings for a community center.
“Kids need areas where they can meet and simply play outdoors. Kids are getting obese and mental health declines without viable play areas.”
The item was postponed so the environmental review could continue.
