Could Los Gatos voters consider a special vote to buy the North Forty property for the town and make it an orchard/park? Get commercial sponsors to help.
The right of the government to obtain private land for public purposes is known as eminent domain, and this right derives from federal and state constitutions and related laws. The power of eminent domain allows the government to take private land for public purposes only if the government provides fair compensation to the property owner.

The process through which the government acquires private property for public benefit is known as condemnation. Most condemnation proceedings turn on the value of the property at issue. How much a piece of property (or an interest in property) is worth depends on many factors. The zoning of the property and the value of surrounding properties provide useful guidance for the calculation. The many unique characteristics of a property often result in a different estimation of value between the property owner and the government. In addition to an appraiser and an attorney, each side may have additional experts, such as engineers and architects. Factors that are considered in property valuation include: its size, how it is zoned, what kinds of buildings and roads are on it, what it's currently being used for, what it could be used for, how accessible it is, what other businesses or land uses are adjacent or nearby, and whether there are tenants or other leaseholders involved.


Given the value of the North 40 with the adopted Specific Plan and zoning, it is unlikely that the Town would have the resources to purchase the land for fair market value under these processes even with corporate donations and other tax revenue.

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1. What is a Specific Plan?
2. What is the history of and public involvement for the Specific Plan process?
3. What is the overall vision for the North 40 area?
4. What is the amount of development allowed under the North 40 Specific Plan?
5. Where can I find a copy of the adopted Specific Plan?
6. Where can I find the certified Environmental Impact Report for the Specific Plan?
7. What mitigation measures were required by Environmental Impact Report for the Specific Plan?
8. Where can I find the Traffic Impact Analysis (TIA) for the Specific Plan?
9. What existing and proposed projects were included in the cumulative traffic analysis within the TIA?
10. Can the Specific Plan be amended to reduce the density?
11. Does the Town need to have a Certified Housing Element?
12. Where does the Housing Element plan these new housing units to be located in Los Gatos?
13. Where can I find the Town’s Housing Element?
14. What is the connection between the Housing Element and the Specific Plan?
15. Is the North 40 an Affordable Housing Overlay Zone (AHOZ)?
16. Is the Specific Plan consistent with the Town’s General Plan?
17. What is by-right development?
18. Did the North 40 Specific Plan consider the existing traffic issues and anticipate additional traffic?
19. What traffic mitigation measures are required by the Specific Plan?
20. Phasing: Why does the Specific Plan allow it and what does it mean?
21. What role does the Specific Plan play in future development applications?
22. Why isn’t a school included in the North 40?
23. Why is there no school being planned for the development?
24. Could Los Gatos voters consider a special vote to buy the North Forty property for the town and make it an orchard/park? Get commercial sponsors to help.
25. What is the minimum amount of notice provided in no-fault evictions? Is there relocation assistance for tenants specifically for the elderly or those with disabilities?
26. Now that there is a Specific Plan, can we back out of what is in the Specific Plan and try to preserve the area? Or is it too late?
27. Table 2-2 specifies a "Maximum" 400,000 square feet of commercial. Does that mean the Council can approve less than 400,000 square feet? Can the Town approve any amount it wants?
28. Table 2-1 requires a Conditional Use Permit (CUP) for a Yoga Studio but not for a restaurant with a bar. What is the reasoning behind this need for a CUP?
29. Does the Specific Plan prevent a developer from leasing all 400,000 square feet to restaurants? Is there any limitation on the amount of restaurants at all?
30. Can the Town Council repeal the North 40 Specific Plan? Can the Council repeal it when an application to develop has already been submitted?
31. Are there any contingencies related to the sale of the Yuki Farm Property and the surrounding properties that could impact the outcome of the North 40 development?
32. In the development of the General Plan for Los Gatos Boulevard, residents always requested land be set aside for open space and community recreation. Was this considered in the Specific Plan Process?
33. How many additional police and other Town personnel will be required and how will this impact the Town’s yearly budget? Will there be a need for additional taxes and/or fees to pay for this?
34. How did the recently built homes along Guadalupe Mines Road come to be included in the Los Gatos School District?
35. Can the Town push back against the State and the Association of Bay Area Governments (ABAG) requirements for new housing?
36. Is the private agreement between the developer and the Los Gatos Union School District legal? Specifically, what do the other school districts involved want and/or need?
37. Why is there only one Planner for this enormous project? And if only one is deemed enough, why is it not the Planning Manager?
38. Why and how was Grosvenor USA Limited allowed to be so embedded in the preparation of the Specific Plan?
39. Can the Specific Plan be used to revise or deny their current application?
40. Can the 320 residential units be spread throughout the entire 44 acres?
41. Can we delay any development until the entire property has been purchased so that it is not developed piecemeal?
42. Please define "open space" and if we have input on how it is achieved.
43. How will traffic be mitigated if the November VTA Ballot Measure does not pass?
44. If everything is not covered on June 15th can we please continue the Study Session in September when everyone has returned from summer vacations?
45. Can minimum requirements for housing density be met instead of maximum?
46. Doesn't the Town have to conform to Specific Plan requirements for the aesthetics of the application; such as cluster housing, view of hills, "look and feel like Los Gatos"?
47. Can the Town encourage secondary units and small condo development to fulfill the state low income rules? These could be spread all over Town.
48. Can three-story buildings be prohibited on the North 40 to save the hillside views?
49. What should 30% open space look like, sidewalks or parks/trees?
50. What CUP regulations and licenses are planned for the North 40?
51. Does the Town have a study about the impact of the development on sewer, water, public safety, etc.?
52. Since the partial opening of Netflix has there been an updated EIR?
53. If the Town were to reduce the project density of the North 40 site, where would you locate the certified 270 units, required by the Housing Element, if not on the North 40 site?
54. I would like a clear explanation of what we are being forced to do by the State. How is State law like Code Section 65915 affecting the approved and the acceptance of an obviously inadequate EIR.
55. Why was the Specific Plan made a part of the General Plan? (This is not normal practice and creates a trap for the Council and Planning Commission.)
56. What is a senior--Over 55? One half of a space? Was this staff driven, developer driven, or State driven?
57. Does the North 40 Specific Plan supersede the Los Gatos Boulevard Plan totally or in part?