Agenda packet — Los Gatos City Council, October 3, 2023 (part 2 of 3)

T O W N O F L O S G A T O S
2 0 2 0 G E N E R A L P L A N

L A N D U S E E L E M E N T
LU-24
Policies
Policy LU-3.1 Cooperate with the County of Santa Clara to encourage the annexation of unincorporated islands into the Town.

The Town will not require the installation of curbs,
gutters, sidewalks, or street lights as a condition of
annexation nor will these improvements be imposed on
annexed areas unless the residents of the area request such improvements and are willing to participate in the cost of such improvements. This does not prevent the Town
from requiring such improvements as a condition of
approval of any zoning or subdivision approval if such
conditions are normally made on those items and the
improvements would be in keeping with the
neighborhood.

Policy LU-3.2 Work with Santa Clara County to ensure that projects developed in the County meet Town policies and standards, do not induce further development, and do not un- duly
burden the Town.

Policies
Policy LU-4.1 Integrate planning for the North Forty area, Los Gatos Boulevard, Vasona Light Rail area, and Downtown so that development in each area takes into consideration the Town as a whole.

Policy LU-4.2 Allow development only with adequate physical infrastructure (e.g. transportation, sewers, utilities, etc.) and social services (e.g. education, public safety, etc.).

Goal LU-4 To provide for well-planned, careful growth that reflects the Town’s existing character and
infrastructure.
ture.

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T O W N O F L O S G A T O S
2 0 2 0 G E N E R A L P L A N

L A N D U S E E L E M E N T
LU-25
Policy LU-4.3 Only approve projects for which public costs can be justified by the overall benefit to the community.

Policy LU-4.4 Project applicants shall evaluate and provide appropriate mitigation measures to reduce impacts on urban services including schools, utilities, police, and fire.

Policy LU-4.5 Discourage corridor lots. Corridor lots shall only be allowed if the use of a corridor lot decreases the amount of public street required for the subdivision, contributes to the surrounding neighborhood, and is in context with the existing scale and established character of the neighborhood. The subdivider shall also demonstrate that the use of a corridor lot benefits surrounding properties.

Policy
Policy LU-5.1 Use task forces, ad hoc committees, and other means as appropriate to involve residential and commercial interests in Town matters.

Action
Action LU-5.1 Utilize traditional communication tools and new media and technology to provide clear and current information on Town processes and decisions and to encourage public participation in Town government.

Goal LU-5 To encourage public involvement in Town planning processes.

Goal LU-6 To preserve and enhance the existing character and sense of place in residential neighborhoods.

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T O W N O F L O S G A T O S
2 0 2 0 G E N E R A L P L A N

L A N D U S E E L E M E N T
LU-26
Policies
Policy LU-6.1 Protect existing residential areas from the impacts of nonresidential development.

Policy LU-6.2 Allow non-residential activity in residential areas only when the character and quality of the neighborhood can
be maintained.

Policy LU-6.3 Protect existing residential areas from adjacent nonresidential uses by assuring that buffers are developed and maintained.

Policy LU-6.4 Prohibit uses that may lead to the deterioration of residential neighborhoods, or adversely impact the public safety or the residential character of a residential neighborhood.

Policy LU-6.5 The type, density, and intensity of new land use shall be consistent with that of the immediate neighborhood.

Policy LU-6.6 In order to reduce landfill, conserve resources, and preserve neighborhood character, demolitions shall be discouraged in established residential neighborhoods and applicants shall submit structural reports to determine whether the demolition of any principal structure is justified.

If allowed, the replacement house should be similar in size and scale to other homes in the neighborhood and maintain the neighborhood character.

Policy LU-6.7 Continue to encourage a variety of housing types and sizes that is balanced throughout the Town and within
neighborhoods, and that is also compatible with the character of the surrounding neighborhood.

Policy LU-6.8 New construction, remodels, and additions shall be compatible and blend with the existing neighborhood.

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T O W N O F L O S G A T O S
2 0 2 0 G E N E R A L P L A N

L A N D U S E E L E M E N T
LU-27
Policy LU-6.9 The Housing Element assumes that sites designated medium and high density residential will be developed at the upper end of the density range. If the Town approves a
development at a lower density on one of these sites, staff shall identify one or more other sites to maintain the Town’s capacity to meet its housing needs as identified in the Housing Element, subject to neighborhood compatibility
and mitigation of traffic impacts.

Policy LU-6.10 Require applicants to submit letters of justification to show how new residential development contributes to the balance of types and sizes of housing available in Los Gatos.

Actions
Action LU-6.1 Develop standards for traffic, noise, intensity, and overall size for non-residential uses in residential zones.

Action LU-6.2 The conditional use permit approvals for non-residential uses in residential zones shall be reviewed by the Planning Commission on an as-needed basis for any adverse im- pacts, nuisances, or any required modifications.

Policies
Policy LU-7.1 Allow redevelopment of unused school sites commensurate with the surrounding residential
neighborhood and availability of services.

Goal LU-7 To use available land efficiently by encouraging appropriate infill development.

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T O W N O F L O S G A T O S
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L A N D U S E E L E M E N T
LU-28
Policy LU-7.2 To ensure compatibility with surrounding neighborhoods, infill projects shall demonstrate that the development meets the criteria contained in the Development Policy for In-Fill Projects and the deciding body shall make findings consistent with this policy.

Policy LU-7.3 Infill projects shall contribute to the further development of the surrounding neighborhood (e.g. improve circulation, contribute to or provide neighborhood unity, eliminate a blighted area) and shall not detract from the existing quality of life.

Policy LU-7.4 Infill projects shall be designed in context with the neighborhood and surrounding zoning with respect to the existing scale and character of surrounding structures, and should blend rather than compete with the established
character of the area.

Policies
Policy LU-8.1 Maintain a Code Compliance function to effectively enforce the land use regulations in the Town Code.

Policy LU-8.2 Town staff shall identify major violations (illegal units, sign violations, illegal uses, tree removals, grading
violations, etc.) without waiting for public complaint.

Town staff shall act on minor violations (illegally parked cars, boats, trailers and campers, etc.) based on public com- plaints. Additional violations that may be observed during investigation of a complaint shall also be acted on.

Goal LU-8 To uphold and enforce adopted land use regulations.

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T O W N O F L O S G A T O S
2 0 2 0 G E N E R A L P L A N

L A N D U S E E L E M E N T
LU-29
Policies
Policy LU-9.1 Ensure that new development preserves and promotes existing commercial centers consistent with the maintenance of a small-scale, small-town atmosphere and image.

Policy LU-9.2 Maintain a variety of commercial uses, including a strong Downtown commercial area combined with Los Gatos
Boulevard and strong neighborhood commercial centers to meet the shopping needs of residents and to preserve the small-town atmosphere.

Policy LU-9.3 Encourage a mix of retail and office uses in commercial areas, except in the Central Business District designation, where retail should be emphasized and office should be
limited to upper floors and other areas as defined by the Town Code.

Policy LU-9.4 Encourage existing light industry and service commercial uses to remain or be replaced with similar uses.

Policy LU-9.5 Encourage the development and retention of locally owned stores and shops.

Policy LU-9.6 Encourage development that maintains and expands residentoriented services and/or creates employment opportunities for local residents consistent with overall land use policies of the Town.

Policy LU-9.7 “Broadening the tax base” shall never be the sole reason for allowing new commercial development or approving a
change in a commercial land use.

Goal LU-9 To provide residents with adequate commercial and industrial services.

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T O W N O F L O S G A T O S
2 0 2 0 G E N E R A L P L A N

L A N D U S E E L E M E N T
LU-30
Policy LU-9.8 Retail sales tax “leakage” should be kept to a minimum by providing in-town convenience and comparative shopping
opportunities.

Policy LU-9.9 Buffers shall be required as conditions of approval for nonresidential projects that are adjacent to residential areas and may consist of landscaping, sound barriers, building setbacks, or open space.

Policy LU-9.10 Prohibit new commercial or industrial zoning adjacent to school sites and carefully consider the impacts of new
school sites in industrial and commercial land use
designations.

Action
Action LU-9.1 The Town should identify those businesses that are needed in the Town and actively recruit those businesses.

Policies
Policy LU-10.1 Encourage the development and retention of small businesses and independent stores and shops Downtown
that are consistent with small-town character and scale.

Policy LU-10.2 Recognize and encourage the different functions, land use patterns, and use mixes of the various commercial areas within the Downtown. These include:
a. The pedestrian scale and orientation of the Central
Business District.

Goal LU-10 To preserve Downtown Los Gatos as the historic center of the Town, with goods and services for local
residents, while maintaining the existing Town
identity, environment, and commercial viability.

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T O W N O F L O S G A T O S
2 0 2 0 G E N E R A L P L A N

L A N D U S E E L E M E N T
LU-31
b. The neighborhood-serving commercial land use pattern of areas north of Saratoga Avenue to Blossom Hill Road.
c. The mixed use commercial activities along Santa Cruz Avenue and the service commercial activities along
University Avenue between Andrews Street and
Blossom Hill Road.

Policy LU-10.3 Establish and maintain strong boundaries between the Central Business District designation and adjacent residential neighborhoods.

Policy LU-10.4 Encourage mixed usesto increase residential opportunities in commercial zones Downtown, taking into
consideration potential impacts to loss of commercial
opportunities.

Policies
Policy LU-11.1 Zoning shall be changed as part of development applications to provide consistency with the Vasona Light Rail Element and other elements of this General Plan and with any future specific plan prepared for this area.

Policy LU-11.2 The Town shall encourage uses that serve Town residents.

These include, but are not limited to, open space, playfields, office, retail, and other commercial uses.

Residential uses may be permitted as part of mixed-use
development and only with acceptable mitigation of
adverse noise, air quality, and other environmental
hazards.

Goal LU-11 To plan for development of a variety of uses in the North Forty area in a coordinated and comprehensive way.

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T O W N O F L O S G A T O S
2 0 2 0 G E N E R A L P L A N

L A N D U S E E L E M E N T
LU-32
Policy LU-11.3 Provide coordinated infrastructure in the North Forty area.

Policy LU-11.4 Include a variety of regional destination and local-serving commercial uses in the North Forty area, following a logical land use pattern that takes advantage of the site opportunities while protecting adjacent uses.

Policy LU-11.5 Avoid negative effects on the long-term development potential of the area surrounding the North Forty area.

Policy LU-11.6 Incorporate multi-modal links from the North Forty area to the Vasona Light Rail station into the North Forty Specific Plan.

Action
Action LU-11.1 Prepare and adopt a specific plan for the North Forty area prior to development of the site.

Policies
Policy LU-12.1 Encourage redevelopment and assemblage of parcels that have experienced a high vacancy rate over a prolonged period of time, possibly including appropriate and compatible rezoning.

Policy LU-12.2 Encourage a mix of uses along Los Gatos Boulevard, in- cluding, where appropriate, mixed-use parcels that are
compatible with surrounding uses.

Goal LU-12 To ensure an appropriate mix of land use types along Los Gatos Boulevard in order to maintain the
economic vitality of the corridor and continue to
serve the needs of Town residents.

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T O W N O F L O S G A T O S
2 0 2 0 G E N E R A L P L A N

L A N D U S E E L E M E N T
LU-33
Policy LU-12.3 New landscaping, streetscape improvements and new development along Los Gatos Boulevard shall incorporate pedestrian amenities, scale, and design.

Policy LU-12.4 Encourage mixed uses to increase residential opportunities in commercial zones.

Policy LU-12.5 Retain and enhance auto dealerships.

Policy LU-12.6 Neighborhood commercial, multi-family residential, and office uses shall be concentrated south of Los Gatos–
Almaden Road.

Policy LU-12.7 New and relocating auto-related businesses shall be located north of Los Gatos–Almaden Road, adjacent to existing auto dealerships, or on a vacant site previously used for permitted auto sales.

Policy LU-12.8 Uses on Los Gatos Boulevard south of Roberts Road shall be residential or office; existing non-residential uses shall not be intensified; and existing vacant property and
residential uses shall be developed as Single Family
Residential.

Policy LU-12.9 Encourage replacement of vacated business south of Los Gatos–Almaden Road and north of Roberts Road/Shannon
Road with neighborhood commercial, multi-family, or office uses.

Goal LU-13 To promote appropriate and compatible development along Los Gatos Boulevard that complements the whole Town and serves residents and families.

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T O W N O F L O S G A T O S
2 0 2 0 G E N E R A L P L A N

L A N D U S E E L E M E N T
LU-34
Policies
Policy LU-13.1 Development shall transition from higher intensity uses at the north end of Los Gatos Boulevard to existing residential uses at the south end of Los Gatos Boulevard.

Policy LU-13.2 Commercial activity along Los Gatos Boulevard shall complement the whole Town and shall provide a depend-
able source of income, employment opportunities, goods, and services.

Policy LU-13.3 New projects along Los Gatos Boulevard shall incorporate a family and resident orientation.

Policy LU-13.4 New development along Los Gatos Boulevard shall be designed to minimize adverse impacts on adjacent residential areas.

Policy LU-13.5 Establish and maintain appropriate boundaries between the commercial uses along Los Gatos Boulevard and adjacent residential neighborhoods.

Policy LU-13.6 Provide more pedestrian/bike areas and links to adjacent residential areas to foster neighborhood use of commercial centers.

Policy LU-13.7 Allow auto dealers and other commercial property owners and merchants to conduct occasional promotional sales
activities with a “festival” atmosphere with appropriate restrictions to reduce traffic congestion and impacts on neighboring commercial and residential uses.

Actions
Action LU-13.1 Work with existing auto dealers and other commercial property owners and merchants to develop an appropriate commercial image specifically for Los Gatos Boulevard.

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T O W N O F L O S G A T O S
2 0 2 0 G E N E R A L P L A N

L A N D U S E E L E M E N T
LU-35
Action LU-13.2 Use the adopted Los Gatos Boulevard Plan and Commercial Design Guidelines to review development proposals and
exterior improvements to existing buildings.

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Chapter 29 - ZONING REGULATIONS
ARTICLE VIII. - OVERLAY ZONES AND HISTORIC PRESERVATION DIVISION 5. HOUSING ELEMENT OVERLAY ZONE

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DIVISION 5. HOUSING ELEMENT OVERLAY ZONE
Sec. 29.80.555. Intent.

The Housing Element Overlay Zone (HEOZ) ordinance in this division is intended to increase the supply and the mix of housing types, tenure, and affordability within the Town of Los Gatos. Through appropriate densities, concessions, and fee deferrals or waivers, the HEOZ encourages the development of housing affordable to all income levels on sites within the Town that are deemed to be most appropriate for such uses. The Housing Element lists sites within the Town of Los Gatos as a key housing opportunity for mixed income affordable housing projects. The designation of these sites will assist the Town in meeting its Regional Housing Needs Allocation (RHNA), as required by the State.

Sec. 29.80.5560. HEOZ and underlying zoning.

A property that has the HEOZ designation may be developed based on the standards provided in this division or, where standards are not specified, then based on the standards provided in the underlying zone.

Pursuant to Government Code Section 65583.2(i), by right development will be allowed when 20 percent or more of the units are affordable to lower income households.

Sec. 29.80.590. HEOZ general development standards.

Proposed development within the HEOZ shall be designed and constructed in conformity with the development standards for the corresponding zoning and General Plan Land Use designation in Table 1A (Overlay Zones Development Standards).

Table 1A (HEOZ Development Standards)
General Plan
Land Use
Designation
Zoning Minimum Yards Maximum
Lot
Coverage
Maximum
Floor Area
Ratio (FAR)
Maximum
Height
Limit (ft)
Density
Units Per Acre
Low Density
Residential
R-1 As authorized by
Section 29.40.405
50% N/A 30 feet 0-5
Medium Density
Residential
R-1D, R-D,
and R-M
As authorized by
Section 29.40.405,

29.40.530, and

29.40.645
75% N/A 35 feet 14-22 or 5-12
in Very High
Fire Hazard
Severity Zones
High Density
Residential
R-M As authorized by
Section 29.40.645
75% N/A 45 feet 30-40
Mixed-Use CH As authorized by
Section 29.60.435
N/A 3.0 45 feet 30-40
Neighborhood
Commercial
C-1 As authorized by
Section 29.60.225
N/A 1.0 35 feet 10-20
Central Business
District
C-2 As authorized by
Section 29.60.335
N/A 2.0 45 feet 20-30
North Forty
Specific Plan
NF-SP As defined in
Specific Plan
As defined
in Specific
Plan
As defined
in Specific
Plan
As defined
in Specific
Plan
As defined in
Specific Plan
EXHIBIT 3 Page 164

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Office
Professional
O As authorized by
Section 29.60.100
N/A 1.0 35 feet 10-20
Service
Commercial
LM As authorized by
Section 29.70.125
N/A 1.0 35 feet none
Light Industrial CM As authorized by
Section 29.70.235
N/A 1.0 35 feet none

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PREPARED BY: Jocelyn Shoopman and Erin Walters
Associate Planner and Associate Planner
Reviewed by: Community Development Director, Planning Manager, and Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872 www.losgatosca.gov

TOWN OF LOS GATOS

PLANNING COMMISSION
REPORT
MEETING DATE: 08/23/2023
ITEM NO: 4

ADDENDUM
DATE: August 22, 2023
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Forward a Recommendation to the Town Council for a Request to Amend the General Plan to Include a Description of the Housing Element Overlay Zone and Amend the Town Code to Modify the Affordable Housing Overlay Zone Division 5 of Article VIII Overlay Zones and Historic Preservation to be the Housing Element Overlay Zone as Division 5 of Article VIII Overlay Zones and Historic Preservation. An Environmental Impact Report (EIR) was prepared and certified for the 2040 General Plan Update on June 30, 2022, which included the proposed General Plan Amendments. No Further Environmental Analysis is Required. Zoning Code Amendment Application Z-23-002 and General Plan Amendment Application GP-23-002. Project Location: Town Wide. Applicant: Town of Los Gatos.

REMARKS:

Exhibit 4 contains public comments received between 11:01 a.m., Friday, August 18, 2023, and 11:00 a.m., Tuesday, August 22, 2023.

EXHIBITS:

Previously received with the August 23, 2023, Staff Report:

1. Draft Findings

2. Draft General Plan Amendment

3. Draft Zoning Code Ordinance Amendments, Division 5. Housing Element Overlay Zone Received with this Addendum Report:

4. Public Comments received between 11:01 a.m., Friday, August 18, 2023, and 11:00 a.m., Tuesday, August 22, 2023.

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From: Craig Steen
Sent: Saturday, August 19, 2023 12:11 PM
To: Housing Element <[email protected]>
Subject: Renewed information & projections
[EXTERNAL SENDER]
Given the exhaustive research and subsequent editorial columns by Thomas Elias in the Los Gatos Weekly, not only have we learned that the state auditor challenged some of the numbers of new units needed stated by the Housing Authority, but there is extensive availability of unused commercial space owing to "work at home" tech businesses....BUT..THE REAL MESSAGE IS THAT THERE WILL UNDOUBTEDLY BE A REFERENDUM ON THE BALLOT IN '24 WHICH WILL SURELY PASS THUS NEGATING ALL PREVIOUS HOUSING/LAND USE REQUIREMENTS....so before you spend more tax dollars trying to satisfy unpopular density requirements....let's acknowledge the inevitable conclusion of our housing dilemma as it will be determined by respective towns/cities and the requirements of planners voted in by the residents.....Yes, this is not popular with Bonta and various members of our legislature, which apparently refuse to acknowledge ongoing dissatisfaction with their proposals....thank-you EXHIBIT 4

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TOWN OF LOS GATOS

PLANNING COMMISSION
REPORT
MEETING DATE: 08/23/2023
ITEM NO: 4

DESK ITEM
DATE: August 23, 2023
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Forward a Recommendation to the Town Council for a Request to Amend the General Plan to Include a Description of the Housing Element Overlay Zone and Amend the Town Code to Modify the Affordable Housing Overlay Zone Division 5 of Article VIII Overlay Zones and Historic Preservation to be the Housing Element Overlay Zone as Division 5 of Article VIII Overlay Zones and Historic Preservation. An Environmental Impact Report (EIR) was prepared and certified for the 2040 General Plan Update on June 30, 2022, which included the proposed General Plan Amendments. No Further Environmental Analysis is Required. Zoning Code Amendment Application Z-23-002 and General Plan Amendment Application GP-23-002. Project Location: Town Wide. Applicant: Town of Los Gatos.

REMARKS:

Exhibit 5 contains a comparison of the development standards for the 2020 General Plan and the proposed Housing Element Overlay Zone.

EXHIBITS:

Previously received with the August 23, 2023, Staff Report:

1. Draft Findings

2. Draft General Plan Amendment

3. Draft Zoning Code Ordinance Amendments, Division 5. Housing Element Overlay Zone Previously received with the August 22, 2023, Addendum Report:

4. Public Comments received between 11:01 a.m., Friday, August 18, 2023, and 11:00 a.m., Tuesday, August 22, 2023.

ATTACHMENT 6 Page 170
PAGE 2 of 2
SUBJECT: General Plan Amendment and Housing Element Overlay Zone/Z-23-002 and GP23-002 DATE: August 23, 2023
Received with this Desk Item Report:

5. 2020 General Plan and HEOZ Comparison Table

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Comparison Table of the Development Regulations for the 2020 General Plan and Housing Element Overlay Zone (HEOZ) Density Range (du/ac) Maximum Height (feet) Lot Coverage (%) Floor Area Ratio Land Use
Designations
2020 General
Plan
HEOZ 2020
General Plan
HEOZ 2020 General
Plan
HEOZ 2020 General
Plan
HEOZ
Low Density
Residential
0 – 5 0 – 5 30* 30 40%* Up to 50% Pursuant to
calculation in
Section

29.40.075 of
Town Code*
Pursuant to
calculation in
Section

29.40.075 of
Town Code**
Medium Density
Residential
5 – 12 14 – 22 or
5 – 12 if in
VHFHS
zone
30 or 35* 35 40%* Up to 75% Pursuant to
calculation in
Section

29.40.075 of
Town Code or
none*
Pursuant to
calculation in
Section

29.40.075 of
Town Code**
High Density
Residential
12 – 20 30 – 40 35* 45 40%* up to 75% None* None**
Mixed-Use
Commercial
10 – 20* 30 – 40 35 45 Up to 50% Up to 50%** None* Up to 3.0 Neighborhood
Commercial
10 – 20* 10 – 20 35 35 Up to 50% Up to 50%** None* Up to 1.0 Central Business
District
10 – 20* 20 – 30 45 45 None* None** Up to 0.6 Up to 2.0 North Forty
Specific Plan
20 30 – 40 As defined in
Specific Plan
As defined in
Specific Plan
As defined in
Specific Plan
As defined in
Specific Plan
As defined in
Specific Plan
As defined in
Specific Plan
Office Professional 10 – 20* 10-20 35 feet 35 feet Up to 50% N/A None* 1.0 Service Commercial None None 35 feet 35 feet Up to 50% N/A None* 1.0 Light Industrial None None 35 feet 35 feet Up to 50% N/A None* 1.0 * The 2020 General Plan is silent on this development standard. The applicable regulation under the Zoning Ordinance has been provided for context.
** The 2023-2031 Draft Revised Housing Element is silent on this development standard and so development would be evaluated based on the underlying designation in the 2020 General Plan Land Use Element.

EXHIBIT 5

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2020 General Plan Land Use Categories
2020 General Plan Land Use Category Related Zoning
Low Density Residential R-1:8
Medium Density Residential R-1D, R-D, and R-M
High Density Residential R-M
Mixed-Use Commercial CH
Neighborhood Commercial C-1
Central Business District C-2
North Forty Specific Plan NF-SP
Office Professional O
Service Commercial LM
Light Industrial CM

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Los Gatos Planning
Commissioners:

Jeffrey Barnett, Chair
Steve Raspe, Vice Chair
Susan Burnett
Melanie Hanssen
Kathryn Janoff
Emily Thomas
Town Manager: Laurel Prevetti
Community Development
Director:

Joel Paulson
Town Attorney: Gabrielle Whelan
Transcribed by: Vicki L. Blandin
(619) 541-3405
ATTACHMENT 7

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CHAIR BARNETT: We’ll now move on to Agenda Item
4, which is a Request to Forward a Recommendation to the Town Council for a Request to Amend the General Plan to Include a Description of the Housing Element Overlay Zone, and Amend the Town Code to Modify the Affordable Housing Overlay Zone, Division 5 of Article VIII, Overlay Zones and Historic Preservation, to be the Housing Element Overlay Zone as Division 5 of Article VIII, Overlay Zones and
Historic Preservation.

Per Staff an Environmental Impact Report was
prepared and certified for the 2040 General Plan Update on June 30th of last year, which includes the proposed General Plan Amendments. No further environmental analysis is
required.

The Zoning Code Amendment Application is Z-23-
002, and the General Plan Amendment Application is GP-23- 002. The property location is Statewide, and the Applicant is the Town of Los Gatos.

Could we have a Staff Report?

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LOS GATOS PLANNING COMMISSION 8/23/2023
Item #4, Amend the General Plan to Include Description
of the Housing Element Overlay Zone, and Amend the Town Code to Modify Affordable Housing Overlay Zone
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ERIN WALTERS: Good evening, Erin Walters,
Associate Planner. I will be presenting this evening. Good evening, Planning Commissioners.

The six-cycle Housing Element includes
Implementation Program BG for the General Plan Amendment and Program BF for the Zoning Code Amendments that involve rezoning the parcels within the Town to allow modified
development standards. The purpose of these modified
development standards is to provide the development
capacity required by the State law to meet the Town’s RHNA.

On July 20, 2023 a special meeting of the General
Plan Committee reviewed the request and recommended
approval of the General Plan Amendments to the Planning Commission and Town Council.

Tonight the Commission will consider and make a
recommendation to Council on the request to amend the 2020 General Plan Land Use Element and Zoning Ordinance by
adding a description of the Housing Element Overlay Zone, which is also referred to as the HEOZ. This motion does not include applying the HEOZ to any specific property and does not propose any specific development.

The language on pages LU-17 and LU-18 in the 2020
General Plan Land Use Element is proposed to be amended to

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LOS GATOS PLANNING COMMISSION 8/23/2023
Item #4, Amend the General Plan to Include Description
of the Housing Element Overlay Zone, and Amend the Town Code to Modify Affordable Housing Overlay Zone
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describe the newly created HEOZ. Table LU-2 is provided on page 4 of the Staff Report and describes the HEOZ
development standards for each land use designation.

Tonight the Commission will also consider and
make recommendation to Town Council on a request to amend the Zoning Code to replace the Affordable Housing Overlay Zone, known as AHOZ, with the new Housing Element Overlay Zone per Division 5, Article VIII, Overlay Zones and
Historic Preservation. This action satisfies Item 1 of
Implementation Program BF of the Housing Element and can be found in Exhibit 3.

Exhibit 5 of the Desk Item report provides a
comparison of the development standards for the 2020
General Plan and proposed Housing Element Overlay Zone.

Staff recommends that the Planning Commission
consider the General Plan Amendment and Zoning Amendments and forward a recommendation of approval of the amendments to Town Council per the findings that you can find in
Exhibit 1.

An Addendum was provided yesterday that includes
public comments that were provided after the preparation of the Staff Report as well as the Desk Item that was provided today.

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CHAIR BARNETT: Thank you for that report. Are
there questions by Commissioners? I wonder if you or
another member of the Staff could contrast Item 4 and Item 5 on our calendar tonight?
JENNIFER ARMER: Just to make sure that it’s very
clear, we do have two interrelated issues on the agenda tonight.

This is Item 4, and this is the creation of this
overlay zone. It is proposing to put language and a table that describes this overlay zone both into the 2020 General Plan Land Use Element and putting those details into the Zoning Code.

Whereas Item 5, which we will hear next, involves
taking that new overlay zone and applying it to the parcels within the Housing Element Sites Inventory. In addition, there are a few changes to specific land use designations, and we’ll get into those details as part of Item 5.

CHAIR BARNETT: Thank you very much. We’ll now
open the public portion of the public meeting. Commissioner Burnett.

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LOS GATOS PLANNING COMMISSION 8/23/2023
Item #4, Amend the General Plan to Include Description
of the Housing Element Overlay Zone, and Amend the Town Code to Modify Affordable Housing Overlay Zone
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12 13
14 15
16 17
18 19
20 21
22 23
24 25
COMMISSIONER BURNETT: I just wanted to clarify
with Staff on numbers 5 and 6 on page 261, that those will be separately amended in Implementation Program UVNZ?
JENNIFER ARMER: Yes, that’s correct.

COMMISSIONER BURNETT: Thank you.

CHAIR BARNETT: Other questions of Staff? If not,
I’ll open the public portion of the public meeting and
invite comments from members of the public. If you haven’t already turned in a card, this would be a good time to do that. We have two here. When you’re called on to speak, please come to the microphone and state your name and
address, and you have three minutes to speak. We’ll begin with Rosemary Harper.

ROSEMARY HARPER: Good evening, Commissioners.

It’s a pleasure to be here before you. I am Rosemary
Harper. I live on Alberto Way, 453 Los Gatos Commons; it’s a 55 and older community.

We are very, very concerned about development of
the property on the corner of Alberto Way and Highway 9.

This is the second time around for this property. Prior it was going to be a business development and now we’re moving to residential.

Page 179 ends

Four stories are overwhelming to the area around it;
nothing is over two stories over there.

The volume of the increased traffic on a dead-end
street with one way in and one way out. In an emergency such as what happened in Maui, it would be impossible for all the residents to be able to evacuate.

The construction of this proposed property would
greatly impact the residents on this street, and the air quality is also of a concern.

As you consider this piece of property and the
development I wish you would consider us as residents that have lived there for quite some time and the more increased traffic and high-density living. Thank you very much.

CHAIR BARNETT: Thank you. Before you go, let’s
see if you have any questions being presented by fellow commissioners, and it doesn’t look like any.

I have a disclosure to make that many years ago
in my legal practice if represented Los Gatos Commons.

ROSEMARY HARPER: Yes, I remember you. I’ve been
in your office. Happy retirement.

Page 180 ends

LOS GATOS PLANNING COMMISSION 8/23/2023
Item #4, Amend the General Plan to Include Description
of the Housing Element Overlay Zone, and Amend the Town Code to Modify Affordable Housing Overlay Zone
8 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
CHAIR BARNETT: Thank you. That was a long time
ago and I’m sure that my experience will not be of
influence in this case. Next speaker would be Lee Quintana.

LEE QUINTANA: Good evening, again. I just have a
few comments.

One is that I believe that there is such an
interrelationship between Item 4 and Item 5 that they
should both be considered at the same time and at the same meeting, and since there is a recommendation on Item 5 that it be continued, I suggest that the same be done for this item.

Part of my comments actually relate to Item 5,
and since there’s a question on how it relates to Item 4, I’ll talk about it under Item 5, but to me the two are
related. The two are complicated and hard to understand and I think they need to be addressed together, so I ask you to continue this item as you are recommended to continue Item

5. CHAIR BARNETT: Thank you, Ms. Quintana. Are
there questions by the Commissioners? I don’t see any.

Thank you very much. Mr. Paulson, do we have anyone on
Zoom?

Page 181 ends

LOS GATOS PLANNING COMMISSION 8/23/2023
Item #4, Amend the General Plan to Include Description
of the Housing Element Overlay Zone, and Amend the Town Code to Modify Affordable Housing Overlay Zone
9 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
JOEL PAULSON: Thank you, Chair. Anyone who would
like to speak on Item 4, raise your hand, please. I don’t see any hands raised, Chair.

CHAIR BARNETT: Thank you. I note that the Staff
recommendation is to forward a recommendation of approval to the Town Council on the following items: Amend the 2020 General Plan Land Use Element to include a description of the Housing Element Overlay Zone (HEOZ), and amend the Town Code to modify the Affordable Housing Overlay Zone (AHOZ) to Division 5, Article VIII, Overlay Zones and Historic to be HEOZ.

At this point I’ll ask if Commissioners have any
comments on the recommendation? Commissioner Hanssen.

COMMISSIONER HANSSEN: As you guys know, I am
Chair of the Housing Element and chaired the 2040 General Plan Update, of which the Land Use Element and the
Community Design Element have been referended, and so
that’s why we’re here, because we have the Housing Element and because we have a very large target for planning for additional housing.

We’re using the 2020 General Plan right now and
the land use density and height standards are not
sufficient to get the product that we would need to plan

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LOS GATOS PLANNING COMMISSION 8/23/2023
Item #4, Amend the General Plan to Include Description
of the Housing Element Overlay Zone, and Amend the Town Code to Modify Affordable Housing Overlay Zone
10 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
appropriately for the 1,993 units that we’re tasked with by the State, as well as the buffer.

I have a question for Staff, and we asked this
before, I think, at the General Plan Committee, but Table LU-2, it was my understanding that this is the minimum
density improvements that we would need to be able to
achieve the density on the sites that are listed in the Site Inventory, which are the only sites this will be
applied to, because we’re not amending the actual land use standards in the General Plan other than for these sites? ERIN WALTERS: Thank you for the question. Yes,
that is true.

COMMISSIONER HANSSEN: A follow up question I
would have is the only reason to continue on this, in my opinion, would be if there were some disagreement about the actual land use standards that we were making for the
houses in the Site Inventory, which I don’t think that’s a question, because it’s been asked multiple times that this is the minimum that we need to do to be able to meet our Regional Housing Needs allocation.

I would be in favor of approving Item 4. I do
understand the interrelationship between Item 4 and Item 5, but basically we have no other way to meet our numbers

Page 183 ends

LOS GATOS PLANNING COMMISSION 8/23/2023
Item #4, Amend the General Plan to Include Description
of the Housing Element Overlay Zone, and Amend the Town Code to Modify Affordable Housing Overlay Zone
11 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
other than to put this Housing Element Overlay Zone, which is basically spot zoning at higher density for the sites that are in the Site Inventory only.

CHAIR BARNETT: Thank you. Other comments?
Commissioner Thomas.

COMMISSIONER THOMAS: Thank you, Chair. I just
want to echo what Commissioner Hanssen said. Two of the subcommittees that I served on was the General Plan Update Committee and the Housing Element Advisory Board.

I know that changes to zoning can be really scary
for residents, but I think as Commissioner Hanssen said, this is really to address the specific areas that have
already been targeted for hopefully development or
redevelopment in order to meet those RHNA numbers that are mandated by the State, so I also support this
recommendation as is.

CHAIR BARNETT: Thank you. Other comments? I
don’t see any. I noted the approval of the General Plan Amendment and zoning changes requires making of the
approvals and findings on page 265 of the Staff Report, and I’m looking for a motion. Commissioner Janoff.

COMMISSIONER JANOFF: I move that we forward a
recommendation to the Town Council for a request to amend

Page 184 ends

LOS GATOS PLANNING COMMISSION 8/23/2023
Item #4, Amend the General Plan to Include Description
of the Housing Element Overlay Zone, and Amend the Town Code to Modify Affordable Housing Overlay Zone
12 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
the General Plan to include a description of the Housing Element Overlay Zone and amend the Town Code to modify the Affordable Housing Overlay Zone, Division 5 of Article
VIII, Overlay Zones and Historic Preservation to be the Housing Element Overlay Zone as Division 5 of Article VIII, Overlay Zones and Historic Preservation.

An Environmental Impact Report was prepared and
certified for the 2040 General Plan Update on June 20,
2022, which included the proposed General Plan Amendments.

No further environmental analysis is required.

Zoning Code Amendment Application Z-23-002 and
General Plan Amendment Application GP-23-002.

The project location is Townwide and the
Applicant is the Town of Los Gatos.

I can make the required findings for CEQA, and I
can find that we have the required consistency with the Town’s General Plan as noted in Exhibit 1.

CHAIR BARNETT: Thank you for that complicated
motion. A second? Commissioner Thomas.

COMMISSIONER THOMAS: I second.

CHAIR BARNETT: Discussion by the Commission?
Commissioner Burnett.

Page 185 ends

LOS GATOS PLANNING COMMISSION 8/23/2023
Item #4, Amend the General Plan to Include Description
of the Housing Element Overlay Zone, and Amend the Town Code to Modify Affordable Housing Overlay Zone
13 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
COMMISSIONER BURNETT: I did ask Staff on this,
when we say project locations Townwide, I want it clarified that we’re not saying Townwide, we’re saying at the Site Inventory only.

ERIN WALTERS: Yes, that’s true.

CHAIR BARNETT: Any questions or comments? If
not, please raise your hand in support of the motion. It’s unanimous. Thank you very much. And I assume there are no appeal rights, because it’s a recommendation?
JENNIFER ARMER: That is correct.

CHAIR BARNETT: Thank you.
(END)

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PREPARED BY: Jocelyn Shoopman and Erin Walters
Associate Planner and Associate Planner
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Community Development Department Director, and Economic Vitality Manager
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 10/03/2023
ITEM NO: 6
DATE: September 28, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Consider a Resolution to Amend the General Plan Land Use Designation of 16492 Los Gatos Boulevard and Assessor Parcel Number (APN) 532-07-086 from Low Density Residential to Neighborhood Commercial; Amend the General Plan Land Use Designation of Caltrans Right-of-Way Adjacent to 14685 Oka Road from Low Density Residential to Medium Density Residential; and Introduce an Ordinance Titled “An Ordinance of the Town of Los Gatos Amending the Zoning Code from R-1:8 (Single-Family Residential) To R-M (Multiple-Family Residential) for a Caltrans Right-of-Way Property Located Adjacent to 14685 Oka Road; and Apply the Housing Element Overlay Zone (HEOZ) to Provide for Increases to the Allowable Density, Height, Floor Area Ratio, and Lot Coverage for Residential Development on the Following Sites Included in the Sites Inventory Analysis of the 2023-2031 Housing Element:

APN’s 424-06-116, 424-07-116, 424-08-029, 424-08-058, 424-08-059, 424-08- 060, 424-08-074, and 532-07-085; 620 and 14000 Blossom Hill Road; 16210, 16240, 16245, 16250, 16260, 16270, and 16392 Burton Road; Cal Trans Rightof-Way Adjacent to 14685 Oka Road; 110 and 206 Knowles Drive; 445 Leigh Avenue; 440 Los Gatos Almaden Road; 16603 Lark Avenue; 14823, 14831, 14849, 14859, 14917, 14925, 15795, 16151, 16203, and 16492 Los Gatos Boulevard; 165 Los Gatos Saratoga Road; and 14800 and 14840 Oka Road. “ An Environmental Impact Report (EIR) was Prepared and Certified for the 2040 General Plan Update on June 30, 2022, which Included the Proposed General Plan and Zoning Code Amendments. No further Environmental Analysis is Required. Zoning Code Amendment Application Z-23-003 and General Plan Amendment Application GP-23-003. Applicant: Town of Los Gatos.

Page 188 ends

PAGE 2 OF 4
SUBJECT: General Plan Designation Amendment and Apply HEOZ/GP-23-003/Z-23-003 DATE: September 28, 2023
RECOMMENDATION:

Adopt a resolution (Attachment 1) to amend the General Plan land use designation of 16492 Los Gatos Boulevard and assessor parcel number (APN) 532-07-086 from Low Density Residential to Neighborhood Commercial; and amend the General Plan land use designation of Caltrans right-of-way adjacent to 14685 Oka Road from Low Density Residential to Medium Density Residential; and introduce an ordinance (Attachment 2) titled “An Ordinance of the Town Council of the Town of Los Gatos Amending the Zoning Code from R-1:8 (Single-Family Residential) To R-M (Multiple-Family Residential) for a Caltrans Right-of-Way Property Located Adjacent to 14685 Oka Road; and apply the Housing Element Overlay Zone (HEOZ) to provide for increases to the allowable density, height, floor area ratio, and lot coverage for residential development on the sites included in the Sites Inventory Analysis of the 2023-2031 Housing Element” as listed in the subject line above.

BACKGROUND:

The Town of Los Gatos is required to prepare an updated Housing Element for the period covering 2023-2031 that is certified by the State Housing and Community Development Department (HCD). The Housing Element is one of nine State-mandated elements that must be included in every General Plan. The Housing Element assesses housing needs for all income groups within the community and identifies implementation programs to meet those housing needs. Unlike other General Plan elements, the Housing Element must be updated every eight years, rather than every 10 to 20 years, must address statutory requirements regarding its content, and is subject to mandatory review by HCD. The Town’s Regional Housing Needs Allocation (RHNA) for the sixth cycle planning period is 1,993 units.

On January 30, 2023, the Town Council adopted the 2023-2031 Housing Element with modifications to the Sites Inventory, finding that it was in substantial compliance with State law. Two of the Implementation Programs contained in the Housing Element adopted by Town Council are the basis for the items under consideration and described in further detail below.

On March 31, 2023, the Revised Draft Housing Element was submitted to HCD and included four additional parcels to the sites inventory based on the receipt of property owner interest forms. and On May 30, 2023, the Town received HCD’s findings/comment letter on the Revised Draft Housing Element submitted in March.

The Town continues to work with HCD to get the 2023-2031 Housing Element certified. The most recent information on the status of the ongoing Housing Element update process can be viewed online at: https://www.losgatosca.gov/1735/Housing-Element.

Page 189 ends

PAGE 3 OF 4
SUBJECT: General Plan Designation Amendment and Apply HEOZ/GP-23-003/Z-23-003 DATE: September 28, 2023
BACKGROUND (continued):

On August 23, 2023, the Planning Commission opened the public hearing on this item, heard public comments, and continued the item to September 13, 2023 (Attachments 3 to 6). On September 13, 2023, the Planning Commission heard additional public comments, and made a recommendation to Town Council for approval (Attachments 7 and 8).

DISCUSSION:

As described in the August 23, 2023 Planning Commission staff report (Attachment 3), the proposed General Plan land use designation changes included in the Draft Resolution (Attachment 1) and the zoning designation changes included in the Draft Ordinance (Attachment 2) are implementing two of the programs in the Housing Element by updating the development regulations on the properties listed above to make them consistent with the development assumptions shown in the Sites Inventory.

On July 20, 2023, at a special meeting, the General Plan Committee (GPC) reviewed the proposed modifications described above and recommended approval of the General Plan amendments to the Planning Commission and Town Council.

On September 13, 2023, the Planning Commission reviewed the proposed modifications described above and recommended approval to Town Council.

This agenda item includes all of the sites reviewed by the Planning Commission with the exception of certain sites because of anticipated Council Member recusals and the removal of site A-1 as described below. The application of the HEOZ to the sites that require recusals will be considered as separate agenda items:
 401 - 409 Alberto Way; and 50 Los Gatos Saratoga Road: Will be considered as Item 7  15300, 15349, 15367, 15405, 15425, 15480, and 15500 Los Gatos Boulevard: Will be considered as Item 8.
 101 South Santa Cruz Avenue: Will be considered as Item 9.  50 Park Avenue and 61 Montebello Way: The Regional Housing Needs Allocation (RHNA) capacity only accepts net new units. Site A-1 has a minimum capacity of five units, whereas there are 11 housing units on-site. Due to the housing capacity resulting in less than the exiting number of units on-site, and in response to the HCD Findings/Comment Letter received by the Town on May 30, 2023, the site has been removed from the Sites Inventory.

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PAGE 4 OF 4
SUBJECT: General Plan Designation Amendment and Apply HEOZ/GP-23-003/Z-23-003 DATE: September 28, 2023
PUBLIC COMMENTS:

Public notification has included a legal ad in the paper, noticing property owners, tenants, and properties located within 300 feet of all the sites listed within the Town. The meeting has also been publicized on the Town’s website and through the Town’s social media platforms. No comments have been received as of the preparation of this staff report.

ENVIRONMENTAL ASSESSMENT:

An Environmental Impact Report (EIR) was prepared and certified for the 2040 General Plan Update on June 30, 2022, which included the proposed General Plan and Zoning Code amendments. No further Environmental Analysis is required.

CONCLUSION:

Staff recommends that the Town Council:

1. Make the finding that no further environmental analysis is required (Attachments 1 and Attachment 2);

2. Make the required finding that the General Plan amendments are internally consistent with the existing goals and policies of the General Plan and its elements, in that the amendments will provide for the development of housing for the sites in the Sites Inventory to comply with the Town’s RHNA (Attachment 1);

3. Make the required finding that the proposed zone changes are consistent with the General Plan and its elements in that the proposed zone changes are consistent with the proposed General Plan land use designations (Attachment 2); and

4. Adopt a resolution to approve General Plan Amendment application GP-23-003 (Attachment 1); and

5. Introduce an ordinance of the Town Council of the Town of Los Gatos for Zone Change application Z-23-003 (Attachment 2).

ALTERNATIVES:

Alternatively, the Town Council may:

1. Continue this item to a date certain with specific direction to staff; or

2. Refer this item back to the Planning Commission with specific direction.

Attachments:

1. Draft Resolution with Exhibit A

2. Draft Ordinance with Exhibit A

3. August 23, 2023 Planning Commission Staff Report (with Exhibits 1-9)

4. August 23, 2023 Planning Commission Addendum (with Exhibit 10)

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PAGE 5 OF 4
SUBJECT: General Plan Designation Amendment and Apply HEOZ/GP-23-003/Z-23-003 DATE: September 28, 2023

5. August 23, 2023 Planning Commission Desk Item (with Exhibit 11)

6. August 23, 2023 Planning Commission Verbatim Minutes

7. September 13, 2023 Planning Commission Staff Report (with Exhibit 12)

8. September 13, 2023 Planning Commission Verbatim Minutes

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1 of 2
Resolution 2023- October 3, 2023
RESOLUTION 2023-

RESOLUTION OF THE TOWN COUNCIL

OF THE TOWN OF LOS GATOS

AMENDING THE GENERAL PLAN LAND USE DESIGNATION

FROM LOW DENSITY RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL FOR A PROPERTY AT 16492 LOS GATOS BOULEVARD AND
ASSESSOR PARCEL NUMBER (APN) 532-07-086; AND

FROM LOW DENSITY RESIDENTIAL TO MEDIUM DENSITY RESIDENTIAL FOR THE CALTRANS RIGHT-OF-WAY PROPERTY ADJACENT TO 14685 OKA ROAD.

WHEREAS, the Housing Element contains implementation programs to amend the General Plan land use designation of 16492 Los Gatos Boulevard and assessor parcel number (APN) 532-07-086 from Low Density Residential to Neighborhood Commercial; and Caltrans right-of-way adjacent to 14685 Oka Road from Low Density Residential to Medium Density Residential; and
WHEREAS, the General Plan Committee at its meeting of July 20, 2023, recommended approval of these General Plan amendments; and
WHEREAS, the Planning Commission met on August 23, 2023, to hold a public hearing and receive public comments; and
WHEREAS, the Planning Commission received further public comments and recommended approval of the General Plan amendments at its regular meeting of September 13, 2023; and
WHEREAS, this matter was regularly noticed in conformance with State and Town law and came before the Town Council for public hearing on October 3, 2023; and WHEREAS, the Town Council accepted the report of the Planning Commission’s recommendation of approval for the proposed General Plan amendments; and WHEREAS, the Town Council considered all facts and information related to a request to change the General Plan Land Use designation for the above mentioned properties as shown in Exhibit A.

NOW, THEREFORE, BE IT RESOLVED, that the Town Council hereby changes the General Plan Land Use designation of 16492 Los Gatos Boulevard and assessor parcel number (APN) 532-07-086 from Low Density Residential to Neighborhood Commercial; and Caltrans right-ofway adjacent to 14685 Oka Road from Low Density Residential to Medium Density Residential.

Draft Resolution to
be modified by Town
Council deliberations
and direction.

ATTACHMENT 1

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2 of 2
Resolution 2021-009 October 3, 2023
WHEREAS, the Town Council finds as follows:

A. No further Environmental Analysis is required as an Environmental Impact Report (EIR) was prepared and certified for the 2040 General Plan Update on June 30, 2022, which included the proposed General Plan amendments; and B. The General Plan amendments are internally consistent with the existing goals and policies of the General Plan and its corresponding Elements; and C. That all proceedings have been conducted in compliance with the provisions of Government Code Section 65350 et seq.; and
WHEREAS, the effective date is 30 days after the date of adoption; and PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 3
rd day of October 2023, by the following vote:

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: ___________________
ATTEST:

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: ___________________

Page 195 ends

Public
Low Density Residential
Low Density Residential
Low Density Residential

LOS GATOS BL

FERRIS AV

PINE AV

SPENCER AV

LOMA ST
16492 Los Gatos Boulevard
Existing Land Use Designation

EXHIBIT A

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Public
Low Density Residential
Low Density Residential
Low Density Residential

LOS GATOS BL

FERRIS A
P
V
INE AV

SPENCER AV

LOMA ST
16492 Los Gatos Boulevard
Proposed Land Use Designation

Page 197 ends

Public
Low Density Residential
Low Density Residential
Low Density Residential

LOS GATOS BL

FERRIS AV

PINE AV

LOMA ST

NINO AV

SPENCER AV
Assessor Parcel Number 532-07-086
Existing Land Use Designation

Page 198 ends

Public
Low Density Residential
Low Density Residential
Low Density Residential

LOS GATOS BL

FERRIS AV

PINE AV

LOMA ST

NINO AV

SPENCER AV
Assessor Parcel Number 532-07-086
Proposed Land Use Designation

Page 199 ends

Light Industrial
Public
Open Space
Low Density Residential
Low Density Residential
Neighborhood Commercial
Low Density Residential
Medium Density Residential
Low Density Residential
Light Industrial
Medium Density Residential
Low Density Residential
OKA RD
SB HIGHWAY 85
NB HIGHWAY 85 N CREEK TRAIL
HIGHWAY 85
NB HIGHWAY 17

W MOZART AV
Caltrans Right-of-Way
Existing Land Use Designation
Low Density Residential

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W MOZART AV
Caltrans Right-of-Way
Proposed Land Use Designation
Low Density Residential

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1 of 3
Ordinance October 3, 2023

DRAFT ORDINANCE

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS

AMENDING THE ZONING CODE
FROM R-1:8 (SINGLE-FAMILY RESIDENTIAL)

TO R-M (MULTIPLE-FAMILY RESIDENTIAL)

FOR A CALTRANS RIGHT-OF-WAY PROPERTY LOCATED
ADJACENT TO 14685 OKA ROAD; AND

APPLY THE HOUSING ELEMENT OVERLAY ZONE (HEOZ) TO PROVIDE FOR INCREASES

TO THE ALLOWABLE DENSITY, HEIGHT, FLOOR AREA RATIO, AND LOT COVERAGE

FOR RESIDENTIAL DEVELOPMENT ON THE FOLLOWING SITES INCLUDED IN THE

SITES INVENTORY ANALYSIS OF
THE 2023-2031 HOUSING ELEMENT:

APN’S 424-06-116, 424-07-116, 424-08-029, 424-08-058, 424-08-059, 424-08-060, 424-08-074, AND 532-07-085; 620 AND 14000 BLOSSOM HILL ROAD; 16210, 16240, 16245, 16250, 16260, 16270, AND 16392 BURTON ROAD; CAL TRANS RIGHT-OFWAY ADJACENT TO 14685 OKA ROAD; 110 AND 206 KNOWLES DRIVE; 445 LEIGH AVENUE; 440 LOS GATOS ALMADEN ROAD; 16603 LARK AVENUE; 14823, 14831, 14849, 14859, 14917, 14925, 15795, 16151, 16203, AND 16492 LOS GATOS BOULEVARD; 165 LOS GATOS SARATOGA ROAD; AND 14800 AND 14840 OKA ROAD.

WHEREAS, the sites located at 16151 Los Gatos Boulevard and 620 Blossom Hill Road were added to the Town of Los Gatos’ Draft Revised Housing Element based on the receipt of a property owner interest form;
WHEREAS, all other sites included in the Town of Los Gatos’ adopted Housing Element were identified as sites with the potential for redevelopment with housing; WHEREAS, the Town wishes to apply a Housing Element Overlay Zone to the sites identified in the sites inventory in order to encourage redevelopment with housing; WHEREAS, the Planning Commission met on August 23, 2023, to hold a public hearing and receive public comments and continued the item to September 13, 2023; WHEREAS, the Planning Commission received further public comments and recommended approval of the Zoning Code amendments at its regular meeting of September 13, 2023;
WHEREAS, this matter was regularly noticed in conformance with State and Town law and came before the Town Council for public hearing on October 3, 2023; WHEREAS, the Town Council accepted the report of the Planning Commission’s recommendation of approval for the proposed Zoning Code amendments; and Draft Ordinance: subject to
modification by Town Council based on
deliberations and direction
ATTACHMENT 2

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2 of 3
Ordinance October 3, 2023
WHEREAS, the Town Council considered all facts and information related to a request to change the Zoning for the above mentioned properties as shown in Exhibit A.

NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DO HEREBY ORDAIN AS FOLLOWS:

SECTION I
The Town Council finds as follows:

A. No further Environmental Analysis is required as an Environmental Impact Report (EIR) was prepared and certified for the 2040 General Plan Update on June 30, 2022, which included the proposed Zoning Code amendments; and B. The zone changes are consistent with the General Plan and its elements in that the proposed zonings are consistent with the proposed General Plan land use designations; and
C. That all proceedings have been conducted in compliance with the provisions of Government Code Section 65850 et seq.; and
D. The Town Council considered all facts and information related to the proposal to apply the Housing Element Overlay Zone to the sites shown in Exhibit A.

SECTION II
The Town Code of the Town of Los Gatos is hereby amended to change the zoning of the Caltrans right-of-way property adjacent to 14685 Oka Road from R-1:8 (Single-Family Residential) to R-M (Multiple-Family Residential); and the properties at APN’S 424-06-116, 424- 07-116, 424-08-029, 424-08-058, 424-08-059, 424-08-060, 424-08-074, and 532-07-085; 620 and 14000 Blossom Hill Road; 16210, 16240, 16245, 16250, 16260, 16270, and 16392 Burton Road; Cal Trans Right-of-Way Adjacent to 14685 Oka Road; 110 and 206 Knowles Drive; 445 Leigh Avenue; 440 Los Gatos Almaden Road; 16603 Lark Avenue; 14823, 14831, 14849, 14859, 14917, 14925, 15795, 16151, 16203, and 16492 Los Gatos Boulevard; 165 Los Gatos Saratoga Road; and 14800 and 14840 Oka Road to apply the Housing Element Overlay Zone (HEOZ) to each parcel as shown in Exhibit A.

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3 of 3
Ordinance October 3, 2023

SECTION III
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 3
rd day of October 2023, and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on the 7
th day of November 2023. This ordinance shall take effect 30 days after the date it is adopted. The Town Clerk shall cause this ordinance or a summary thereof to be published in accordance with Section 36933 of the California Government Code.

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________

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San Jose

BLOSSOM HILL RD

HARWOOD RD

GILDA WY

MYRA DR

BELWOOD GATEWAY HARLOW WY

BEGONIA DR

MUIR DR

GEMINI CT

BACIGALUPI DR

MARY JO WY

JAMIE CT

PEONY LN

MILLIGAN DR

LOBELIA LN

BEGONIA DR

TOWN OF LOS GATOS
Application No.

Change of zoning map amending the Town Zoning Ordinance.

Zone Change
Prezoning
From:

To:

Z-23-003
Forwarded by Planning Commission
Approved by Town Council
Clerk Administrator
Date:

Mayor
Date:

Ord:
§ C-1
C-1:HEOZ
A.P.N. # 527-32-028
Address: 14000 Blossom Hill Road

EXHIBIT A

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San Jose
L
EIG
H
AV

HERSHNER DR
C
A
R
M
AV
S
A
N
D
Y
L
N
G
R
E
G
G
D
R
K
E
N
T
FIE
L
D
D
R

ADELAIDE WY

CLARINDA WY
L
O
N
E
HIL
L
R
D
H
E
R
B
E
R
T
D
R
E
MILIN
E
D
R

GREGG CT
E
M
LIN
E
D
R

LOS GATOS-ALMADEN RD

TOWN OF LOS GATOS
Application No.

Change of zoning map amending the Town Zoning Ordinance.

Zone Change
Prezoning
From:

To:

Z-23-003
Forwarded by Planning Commission
Approved by Town Council
Clerk Administrator
Date:

Mayor
Date:

Ord:
§ C-1
C-1:HEOZ
A.P.N. # 527-49-048 and 527-49-049
Address: 440 Los Gatos-Almaden Road and 445 Leigh Avenue

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UNIVERSITY AV
N
SANTA
CRUZ
AV

TAIT AV

BACHMAN AV
WILDER
AV

WRAIGHT
AV

ALMENDRA AV

VICTORY
LN

N CREEK TRAIL

WOODLAND AV

CHESTER ST

BOYER LN
BIRD
AV

VILLAGE
LN

ROYCE ST
EDELEN
AV

LOS GATOS-SARATOGA RD

TOWN OF LOS GATOS
Application No.

Change of zoning map amending the Town Zoning Ordinance.

Zone Change
Prezoning
From:

To:

Z-23-003
Forwarded by Planning Commission
Approved by Town Council
Clerk Administrator
Date:

Mayor
Date:

Ord:
§ C-2
C-2:HEOZ
A.P.N. # 529-04-083
Address: 165 Los Gatos-Saratoga Road

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LOS GATOS BL

FERRIS AV

PINE AV

NINO AV

LOMA ST

ENGLEWOOD AV

KENNEDY RD
ROBIE
LN

CALDWELL AV

ANDRE CT

SPENCER AV

LITTLEFIELD LN

TOWN OF LOS GATOS
Application No.

Change of zoning map amending the Town Zoning Ordinance.

Zone Change
Prezoning
From:

To:

Z-23-003
Forwarded by Planning Commission
Approved by Town Council
Clerk Administrator
Date:

Mayor
Date:

Ord:
§ C-1
C-1:HEOZ
A.P.N. # 532-07-085 and 532-07-085
Address: 16492 Los Gatos Boulevard and APN 53207085

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LOS
GATOS
BL

BLOSSOM HILL RD

ROBERTS RD
FISHER
AV

SHANNON RD
NB

HIGHWAY
17 NINO AV
CAM
ELLIA
TE
SB

HIGHWAY
17 PLACER OAKS RD

LEROY AV

MITCHELL AV
OAK
RIM
WY

MAGNESON LOOP

SERRA CT

CILKER CT

FARNHAM LN

TOWN OF LOS GATOS
Application No.

Change of zoning map amending the Town Zoning Ordinance.

Zone Change
Prezoning
From:

To:

Z-23-003
Forwarded by Planning Commission
Approved by Town Council
Clerk Administrator
Date:

Mayor
Date:

Ord:
§ CH

CH-HEOZ
A.P.N. # 529-16-040, 529-16-069, and 529-16-041
Address: 16151 and 16203 Los Gatos Boulevard; and 620 Blossom Hill Road

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FARLEY RD

FRANK AV
LOS
GATOS
BL
CAM
ELLIA
TE

LEROY AV
IZORAH
WY

OLEANDER AV

PLACER OAKS RD

CHIRCO DR

LOS GATOS-ALMADEN RD

OAK RIM WY

LILAC WY

TOWN OF LOS GATOS
Application No.

Change of zoning map amending the Town Zoning Ordinance.

Zone Change
Prezoning
From:

To:

Z-23-003
Forwarded by Planning Commission
Approved by Town Council
Clerk Administrator
Date:

Mayor
Date:

Ord:
§ CH

CH-HEOZ
A.P.N. # 529-15-059
Address: 15795 Los Gatos Boulevard

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San Jose
Campbell

LOS GATOS BL
NB

HIGHWAY
17 SB
85 RAMP
NB
17 SB HIGHWAY 85

HIGHWAY
17 NB HIGHWAY 85
NATIO
NAL
AV
SB 85 RAMP LOS GATOS

BARTLETT ST
NB
1 7
RAMP
LARK

BURTON RD

NODDIN AV
SB

HIGHWAY
17 OKA RD

S TURNER ST

STANLEY ST

WALKER ST

CURTIS DR

MILLS ST

SACKETT CT

TOWN OF LOS GATOS
Application No.

Change of zoning map amending the Town Zoning Ordinance.

Zone Change
Prezoning
From:

To:

Z-23-003
Forwarded by Planning Commission
Approved by Town Council
Clerk Administrator
Date:

Mayor
Date:

Ord:
§ North Forty Specific Plan
North Forty Specific Plan:HEOZ
424-06-115, 424-07-054, 424-07-010, 424-07-009, 424-07-053, 424-07- 052, 424-07-095, 424-07-065, 424-07-063, 424-07-064, 424-07-094, 424- 07-081, 424-07-115, 424-06-116, 424-07-115, and 424-07-116 A.P.N. #
Address: 16245, 16210, 16240, 16250, 16260, 16270, and 16392 Burton Road; 14823, 14831, 14849, 14859, 14917, 14925 Los Gatos Boulevard; and APNs 42406116, 42407115, and 42407116

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Campbell

LARK AV
OKA RD
NB

HIGHWAY
17 N
C
R
E
E
K
T
R
AIL

HIGHWAY
17 U
NIV
E
RSIT
Y
AV

LOS GATOS B
S
L
B
85 RAMP
NB
17 WINCHESTER
BL
SB HIGHWAY 85

CHARTER OAKS DR

S TURNER ST

LAS ASTAS DR
LAS
MIRA
D
A
S
D
R
LESTER
LN

NODDIN AV

MILL RD

MILLS ST

TOWN OF LOS GATOS
Application No.

Change of zoning map amending the Town Zoning Ordinance.

Zone Change
Prezoning
From:

To:

Z-23-003
Forwarded by Planning Commission
Approved by Town Council
Clerk Administrator
Date:

Mayor
Date:

Ord:
§ R-M:5-12
R-M:5-12:HEOZ
A.P.N. # 424-08-017 and 424-08-021
Address: 16603 Lark Avenue and 14840 Oka Road

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Campbell
San Jose
OKA RD

LARK AV
SB HIGHWAY 85
NB

HIGHWAY
17 NB HIGHWAY 85
N
C
R
E
E
K
T
R
AIL
SB
85 RAMP
NB
17 HIGHWAY 85

HIGHWAY
17 WINCHESTER
BL

LOS GATOS BL
SB HIGHWAY 17
SB 85 RAMP LOS GATOS

CHARTER OAKS DR
U
NIV
E
R
SIT
Y
AV
NB 85 FROM

NODDIN AV

MILL RD

STANLEY ST

BONNIE VIEW MHP

MILLS ST
HIGHWAY 85

TOWN OF LOS GATOS
Application No.

Change of zoning map amending the Town Zoning Ordinance.

Zone Change
Prezoning
From:

To:

Z-23-003
Forwarded by Planning Commission
Approved by Town Council
Clerk Administrator
Date:

Mayor
Date:

Ord:
§ R-1:8
R-1:8:HEOZ
424-08-057, 424-08-029, 424-08-058, 424-08-059, 424-08-060, and 424- 08-074
A.P.N. #
Address: 14800 Oka Lane and APNs 42408029, 42408058, 42408059, 42408060, 42408074

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Campbell
OKA RD
SB HIGHWAY 85
NB HIGHWAY 85

N CREEK TRAIL
NB
HIGHWAY 17

WINCHESTER
BL
HIGHWAY 85
SB HIGHWAY 17
OKA LN
A ST
NB 85 FROM

CHARTER
OAKS
DR

W MOZART AV

MOZART WY
SB 85 CONNECTOR

BONNIE VIEW MHP

TOWN OF LOS GATOS
Application No.

Change of zoning map amending the Town Zoning Ordinance.

Zone Change
Prezoning
From:

To:

Z-23-003
Forwarded by Planning Commission
Approved by Town Council
Clerk Administrator
Date:

Mayor
Date:

Ord:
§ Not Zoned
R-M:HEOZ
A.P.N. # No APN
Address: Caltrans Right-of-Way Adjacent to 14685 Oka Road

Page 215 ends

Campbell
A ST

WINCHESTER BL

KNOWLES DR

N CREEK TRAIL

CAPRI D
R
NB HIGHWAY 85
SB HIGHWAY 85
DELL A
W V

PARR AV
OKA RD
HIGHWAY 85
OKA LN
SB
HIGHWAY 17
NB 85 FROM

VASONA AV

DIVISION ST

W MOZART AV
SB 85 CONNECTOR
FRONT
CT

W PARR AV

TOWN OF LOS GATOS
Application No.

Change of zoning map amending the Town Zoning Ordinance.

Zone Change
Prezoning
From:

To:

Z-23-003
Forwarded by Planning Commission
Approved by Town Council
Clerk Administrator
Date:

Mayor
Date:

Ord:
§ CM and CM:AHOZ
CM:HEOZ
A.P.N. # 424-32-077 and 424-32-076
Address: 110 and 206 Knowles Drive

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Intentionally
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PREPARED BY: Jocelyn Shoopman and Erin Walters
Associate Planner and Associate Planner
Reviewed by: Community Development Director, Planning Manager, and Town Attorney -6872
www.losgatosca.gov

TOWN OF LOS GATOS

PLANNING COMMISSION
REPORT
MEETING DATE: 08/23/2023
ITEM NO: 5
DATE: August 18, 2023
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Forward a Recommendation to the Town Council on a Request to Amend the General Plan Land Use Designation of 16492 Los Gatos Boulevard and Assessor Parcel Number (APN) 532-07-086 from Low Density Residential to Neighborhood Commercial; Amend the General Plan Land Use Designation of Caltrans Right-of-Way Adjacent to 14685 Oka Road from Low Density Residential to Medium Density Residential and from R:1:8 to R-M:14-22; and Apply the Housing Element Overlay Zone to Allow for Increases to the Allowable Density, Height, Floor Area Ratio, and Lot Coverage to the Sites Included in the Sites Inventory Analysis of the 2023-2031 Housing Element:
08029, 42408058, 42408059, 42408060,
42408074, 52924001, 52924003, and 53207085; 401 through 409 Alberto Way; 620 and 14000 Blossom Hill Road; 16210, 16240, 16245, 16250, 16260, and 16270 Burton Road; Cal Trans Right-of-Way Adjacent to 14685 Oka Road; 110 and 206 Knowles Drive; 445 Leigh Avenue; 440 Los Gatos Almaden Road; 16603 Lark Avenue; 14823, 14831, 14849, 14859, 14917, 14925, 15300, 15349, 15367, 15405, 15425, 15480, 15500, 15795, 16151, 16203, 16392, and 16492 Los Gatos Boulevard; 50 and 165 Los Gatos Saratoga Road; 61 Montebello Way; 14800 and 14840 Oka Road; 50 Park Avenue; 101 South Santa Cruz Avenue. An Environmental Impact Report (EIR) was Prepared and Certified for the 2040 General Plan Update on June 30, 2022, which Included the Proposed General Plan Amendments. No further Environmental Analysis is Required. Zoning Code Amendment Application Z-23-003 and General Plan Amendment Application GP-23-003.

Applicant: Town of Los Gatos.

Page 218 ends

PAGE 2 of 6
SUBJECT: General Plan Amendments, Re-Zonings, and Housing Element Overlay Zone/ Z-23-003 and GP-23-003
DATE: August 18, 2023
RECOMMENDATION:

Due to notice letters that were delayed in delivery, staff recommends that the Planning Commission hold the public hearing, ask questions of staff, and receive any verbal public comment from those in attendance, and continue the item to a date certain of September 13, 2023, to continue the public hearing for any additional public comment, deliberation, and recommendation.

BACKGROUND:

The Town of Los Gatos is required to prepare an updated Housing Element for the period covering 2023-2031 that is certified by the State Housing Community Development Department (HCD). The Housing Element is one of nine State-mandated elements that must be included in every General Plan. The Housing Element assesses housing needs for all income groups within the community and identifies implementation programs to meet those housing needs. Unlike other General Plan elements, the Housing Element must be updated every eight years, rather than every 10 to 20 years, must address statutory requirements regarding its content, and is for the sixth cycle planning period is 1,993 units.

The Town continues to work with HCD to get the 2023-2031 Housing Element certified and resubmitted its latest version to HCD on March 31, 2023.

The Housing Element Advisory Board (HEAB) met on July 20, 2023, to review and discuss portion nterim working Draft Revised Housing Element addressing HCD findings/comment letter received by the Town on May 30, 2023.

The most recent information on the status of the ongoing Housing Element update process can be viewed online at: https://www.losgatosca.gov/1735/Housing-Element.

Page 219 ends

PAGE 3 of 6
SUBJECT: General Plan Amendments, Re-Zonings, and Housing Element Overlay Zone/ Z-23-003 and GP-23-003
DATE: August 18, 2023
DISCUSSION:

A. General Plan Committee
On July 20, 2023, at a special meeting, the General Plan Committee (GPC) reviewed the requests described below and recommended approval of the General Plan amendments to the Planning Commission and Town Council.

B. General Plan Land Use Designation
The following Implementation Program is included in the Housing Element adopted by Town Council on January 30, 2023, and is presented below, as modified and presented in the March 2023 Draft Revised Housing Element. This program proposes to amend the General Plan to comply with State Housing Element law:

Implementation Program BG, General Plan Amendment
Amend the General Plan to modify the designation of 16492 Los Gatos Boulevard and APN 532-07-086 from Low Density Residential to Neighborhood Commercial and modify the designation of the Cal Trans right- of-way from Low Density Residential to Medium Density Residential, and establish new maximum densities for the High Residential, Medium Density Residential, Low Density Residential, Mixed-Use, Neighborhood Commercial, and Central Business District land use designations to provide for the development of housing for the sites in the Sites Inventory.

In response to Implementation Program BG, staff has drafted amendments to the General Plan designation of 16492 Los Gatos Boulevard and APN 532-07-086 from Low Density Residential to Neighborhood Commercial and to modify the designation of the Caltrans right-of-way from Low Density Residential to Medium Density Residential (Exhibit 4 through 6). The establishment of new development standards for the applicable General Plan Land Use designations of the 2023-2031 Housing Element was considered under Item 4 of C. Zoning
The following Implementation Program is included in the Housing Element adopted by Town Council on January 30, 2023, and is presented below, as modified and presented in the March 2023 Draft Revised Housing Element. This program proposes to amend the Zoning Code to comply with State Housing Element law:

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PAGE 4 of 6
SUBJECT: General Plan Amendments, Re-Zonings, and Housing Element Overlay Zone/ Z-23-003 and GP-23-003
DATE: August 18, 2023
DISCUSSION (continued):

Implementation Program BF, Zoning Code Amendments
Amend the Zoning Code to comply with State law and ensure adequate sites are available to accommodate the identified sites in the Sites Inventory (Exhibits 2 and 3).

These Code revisions include:

1. Amend the Zoning Code to include a HEOZ to apply to the sites included in the Sites Inventory to modify the development standards (i.e., density, lot coverage, FAR, height) on those sites;

2. Amend the Affordable Housing Overlay Zone to increase the maximum allowable density from 20 dwelling units per acre to 40 dwelling units per acre;

3. Clarify the text of the non-residential zones regarding housing;

4. Rezone the Caltrans Right-of-Way Site E3 from R:1:8 to R-M:14-22;

5. Amend the Accessory Dwelling Unit Ordinance; and

6. Amend the Density Bonus Ordinance.

In response to items #1 and #4 of Implementation Program BF, staff has drafted amendments re-zone the Caltrans right-of-way site from R:1:8 to R-M:14-22 (Exhibit 7) and apply the HEOZ to the sites included in the Sites Inventory of the 2023-2031 Housing Element (Exhibit 8). Maps showing the rezoning of the sites in the Sites Inventory will be included in the ordinance that will go to the Town Council for future adoption and the ordinance will be codified.

The component of item #1 which requires amendment of the Zoning Code, as well as item Zoning Code amendments provided in Exhibit 9 have been provided for context only.

PUBLIC NOTIFICATION:

Public notification has included a legal ad in the paper, noticing property owners, tenants, and properties located within 300 feet of all the sites listed within the Town. The meeting has been Following the mailing of notice letters for this item, the Town received some returned to sender letters due to errors with the postage on the envelopes. Town staff has determined that six of these letters were the only notice letter sent to the subject parcel, and therefore are important for notification of that property owners. Because a majority of the notice letters were successfully mailed, staff recommends that the Planning Commission hold the public hearing,

Page 221 ends

PAGE 5 of 6
SUBJECT: General Plan Amendments, Re-Zonings, and Housing Element Overlay Zone/ Z-23-003 and GP-23-003
DATE: August 18, 2023
ask questions of staff, and receive any verbal public comment from those in attendance on August 23, 2023. Due to the notice letters that were delayed in delivery, staff recommends PUBLIC NOTIFICATION (continued):
that following public comment on the item, the item be continued to a date certain of September 13, 2023, to continue the public hearing for any additional public comment, deliberation, and recommendation. The notice letters that were returned to the Town because of postage errors have been corrected and resent.

PUBLIC COMMENTS:

As of the drafting of this report, no comments from the public have been received.

CONCLUSION:

A. Summary
A request for approval of the following General Plan Amendments and Zone Changes:

1. Approval of a request to amend the General Plan to modify the land use designation of 16492 Los Gatos Boulevard and APN 532-07-086 from Low Density Residential to Neighborhood Commercial;

2. Approval of a request to amend the General Plan to modify the designation of the Caltrans right-of-way from Low Density Residential to Medium Density Residential;

3. Approval of a zone change for the Caltrans Right-of-Way Adjacent to 14685 Oka Road from R:1:8 to R-M:14-22; and

4. Application of the Housing Element Overlay Zone to the sites included in the Sites Inventory of the 2023-2031 Housing Element.

B. Recommendation
Due to the notice letters that were delayed in delivery, staff recommends that the Planning Commission hold the public hearing, ask questions of staff, and receive any verbal public comment from those in attendance, and continue the item to a date certain of September 13, 2023, to continue the public hearing for any additional public comment, deliberation, and recommendation.

Page 222 ends

PAGE 6 of 6
SUBJECT: General Plan Amendments, Re-Zonings, and Housing Element Overlay Zone/ Z-23-003 and GP-23-003
DATE: August 18, 2023
EXHIBITS:

1. Draft Findings

2. Appendix D, Sites Inventory Analysis of the July 2023 Interim Working Draft Revised Housing Element

3. Appendix H, Sites Inventory Form of the July 2023 Interim Working Draft Revised Housing Element

4. Location Maps 16492 Los Gatos Boulevard (Showing Existing and Proposed General Plan Designations)

5. Location Maps Parcel 532-07-086 (Showing Existing and Proposed General Plan Designations)

6. Location Maps Caltrans Right-of-Way (Showing Existing and Proposed General Plan Designations)

7. Location Maps Caltrans Right-of-Way (Showing Existing and Proposed Zoning)

8. Location Maps 2023-2031 Housing Element (Showing Existing and Proposed Zoning)

9. Draft Zoning Code Ordinance Amendments, Division 5. Housing Element Overlay Zone

Page 223 ends

PLANNING COMMISSION August 23, 2023

REQUIRED FINDINGS
General Plan Amendment Application GP-23-003
Zone Change Application Z-23-003
Forward a Recommendation to the Town Council on a Request to Amend the General Plan Land Use Designation of 16492 Los Gatos Boulevard and Assessor Parcel Number (APN) 532-07-086 from Low Density Residential to Neighborhood Commercial; Amend the General Plan Land Use Designation of Caltrans Right-of-Way Adjacent to 14685 Oka Road from Low Density Residential to Medium Density Residential and from R:1:8 to R-M:14-22; and Apply the Housing Element Overlay Zone to Allow for Increases to the Allowable Density, Height, Floor Area Ratio, and Lot Coverage to the Sites Included in the Sites Inventory Analysis of the 2023-2031 Housing Element:
-06-116, 424-07-116, 424-08-029, 424-08-058, 424-08-059, 424-08-060, 424-08-074, 529-24-001, 529-24-003, and 532-07-085; 401 through 409 Alberto Way; 620 and 14000 Blossom Hill Road; 16210, 16240, 16245, 16250, 16260, and 16270 Burton Road; Cal Trans Right-of-Way Adjacent to 14685 Oka Road; 110 and 206 Knowles Drive; 445 Leigh Avenue; 440 Los Gatos Almaden Road; 16603 Lark Avenue; 14823, 14831, 14849, 14859, 14917, 14925, 15300, 15349, 15367, 15405, 15425, 15480, 15500, 15795, 16151, 16203, 16392, and 16492 Los Gatos Boulevard; 50 and 165 Los Gatos Saratoga Road; 61 Montebello Way; 14800 and 14840 Oka Road; 50 Park Avenue; and 101 South Santa Cruz Avenue. An Environmental Impact Report (EIR) was Prepared and Certified for the 2040 General Plan Update on June 30, 2022, which Included the Proposed General Plan Amendments. No further Environmental Analysis is Required. Zoning Code Amendment Application Z-23-003 and General Plan Amendment Application GP-23-003. Applicant: Town of Los Gatos.

FINDINGS:

Required finding for CEQA:

An EIR was prepared and certified for the 2040 General Plan Update on June 30, 2022, which included the proposed General Plan Amendments. No further environmental analysis is required.

Required consistency with the Town s General Plan:

That the General Plan amendment is internally consistent with the existing goals and policies of the General Plan and its corresponding elements, in that the amendments will provide for the development of housing for the sites in the Sites Inventory to comply with Regional Housing Needs Allocation.

That the proposed Zone Changes are consistent with the General Plan and its Elements in that the proposed zoning is consistent with the proposed General Plan designation.

EXHIBIT 1
N:\DEV\FINDINGS\2023\HOEZ, Rezoning, and GP Amendments - Findings - PC 08-23-23.docx

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Public
Low Density Residential
Low Density Residential
Low Density Residential
16492 Los Gatos Boulevard
Existing Land Use Designation

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Public
Low Density Residential
Low Density Residential
Low Density Residential
16492 Los Gatos Boulevard
Proposed Land Use Designation

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Public
Low Density Residential
Low Density Residential
Low Density Residential
Assessor Parcel Number 532-07-086
Existing Land Use Designation

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Public
Low Density Residential
Low Density Residential
Low Density Residential
Assessor Parcel Number 532-07-086
Proposed Land Use Designation

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Light Industrial Public Open Space
Low Density Residential
Low Density Residential
Neighborhood Commercial
Low Density Residential Medium Density Residential
Low Density Residential Light Industrial Medium Density Residential Low Density Residential
Caltrans Right-of-Way
Existing Land Use Designation
Low Density Residential Low Density Residential

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rial Public Open Space
Low Density Residential
Low Density Residential
Neighborhood Commercial
Low Density Residential Medium Density Residential
Low Density R
Light Industrial Medium Density Residential
Low Density Residentia
Caltrans Right-of-Way
Proposed Land Use Designation
Low Density Residential Medium
Density Residential

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RMH
PD
R-1:8:PD
R-1:8

ALBRIGHT

SPECIFIC PLAN
Caltrans Right Of Way
Existing Zoning
R-1:8

Page 300 ends

R-1:8
RMH
PD
R-1:8:PD
R-1:8

ALBRIGHT

SPECIFIC PLAN
Caltrans Right Of Way
Proposed Zoning

Page 301 ends

15300, 15349, 15367, 15405, 15425, 15480, and 15500 Los Gatos Boulevard
CH
R-1:8
R-1:8
R-1:8
R-1:8
CH
R-M:5-12
RC
C-1
O R-1:8 Prezone
CH:PD
RD
RC
C-1
C-1 R-1:8 Prezone
R-1:8
CH:PD
R-M:5-12
C-1

NORTH FORTY SPEC PLAN
CH
Existing Zoning

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15300, 15349, 15367, 15405, 15425, 15480, and 15500 Los Gatos Boulevard
R-1:8
R
CH
CH
R-M:5-12
RC
O
CH:PD
RD
C-1
R-1:8
CH:PD
R-M:5-12
CH:HEOZ
C-1:HEOZ
CH:HEOZ
Proposed Zoning

Page 303 ends

110 and 206 Knowles Drive
CAMPBELL Campbell
CM
R-1:8
C-1
CM:PD
CM
CM:AHOZ
O
O
O
R-1:8
O:PD
R-1:8:PD
R-M:5-12
R-1:8
R-1:8
Existing Zoning

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110 and 206 Knowles Drive
R-1:8
CM
C-1
CM:PD
CM
CM:AHOZ
O
R-1:8:PD
R-M:5-12
R-1:8
CAMPBELL Campbell
CM:HEOZ
CM:HEOZ
Proposed Zoning

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14000 Blossom Hill Road
SAN JOSE San Jose

BLOSSOM HILL RD

MYRA DR
R-1:8
C-1
RD
R-1:10 R-1:10
Existing Zoning

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14000 Blossom Hill Road
R-1:8
C-1
RD
SAN JOSE San Jose
C-1:HEOZ

BLOSSOM HILL RD

MYRA DR
Proposed Zoning

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440 Los Gatos-Almaden Road and 445 Leigh Avenue
SAN JOSE San Jose

HERSHNER DR

ADELAIDE WY

GREGG CT
R-1:8
C-1
Existing Zoning

Page 308 ends

440 Los Gatos-Almaden Road and 445 Leigh Avenue
R-1:8
SAN JOSE San Jose
C-1:HEOZ

HERSHNER DR

ADELAIDE WY

GREGG CT
Proposed Zoning

Page 309 ends

Caltrans Right-of-Way Adjacent to 14685 Oka Road; 16603 Lark Avenue; 14800 Oka Lane; 14800, 14840 Oka Road; and APNs 42408029, 42408058, 42408059, 42408060, 42408074
Campbell
R-1:8
PD
R-M:5-12
RMH
R-1:8:PD
O
R-1:8

NORTH FORTY SPEC PLAN

ALBRIGHT SPECIFIC PLAN
R-M:5-12:PD
R-M:5-12
R-1:8
CM
Existing Zoning
R-1:8

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Caltrans Right-of-Way Adjacent to 14685 Oka Road; 16603 Lark Avenue; 14800 Oka Lane; 14800, 14840 Oka Road; and APNs 42408029, 42408058, 42408059, 42408060, 42408074
R-1:8
PD
R-M:5-12

NORTH FORTY SPEC PLAN

ALBRIGHT

SPECIFIC PLAN
R-1:8:PD
O
R-M:5-12:PD
R-M:5-12
Campbell
R-1:8:HEOZ
R-M:5-12:HEOZ
R-1:8:HEOZ
NORTH FORTY SPEC PLAN:HEOZ
HEOZ
RMH
Proposed Zoning

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16210, 16240, 16245, 16250, 16260, 16270, and 16392 Burton Road; 14823, 14831, 14849, 14859, 14917, 14925 Los Gatos Boulevard; and APNs 42406116, 42407115, and 42407116
San Jose
Campbell

NORTH FORTY SPEC PLAN
O
R-1:10
CH:PD
R-1:8
C-1
R-1:8
CH
R-1:10
R-1:8:PD
Existing Zoning

Page 312 ends

16210, 16240, 16245, 16250, 16260, 16270, and 16392 Burton Road; 14823, 14831, 14849, 14859, 14917, 14925 Los Gatos Boulevard; and APNs 42406116, 42407115, and 42407116
O
R-1:10
CH:PD
C-1
R-1:10
San Jose
Campbell
NORTH FORTY SPEC PLAN:HEOZ
Proposed Zoning

Page 313 ends

15795 Los Gatos Boulevard
CH
R-1:8
C-1
R-1:8 Prezone
O
RD R-1:8
CH
CH:PD C-1
Existing Zoning

Page 314 ends

15795 Los Gatos Boulevard
R-1:8
CH
O
C-1
O
R-1:8
RD
CH:HEOZ
Proposed Zoning

Page 315 ends

16151 and 16203 Los Gatos Boulevard; and 620 Blossom Hill Road
CH
R-M:5-12
R-1:8:PS
C-1
O
R-M:5-12
CH:PD
R-1:8
CH:PD
O
C-1
R-M:5-12:PD
R-1:8
R-M:5-12
R-1:8 R-1:8
R-1:8:PD CH
Existing Zoning

Page 316 ends

16151 and 16203 Los Gatos Boulevard; and 620 Blossom Hill Road
CH
R-1:8:PS
R-M:5-12
O
R-M:5-12 R-1:8
O
CH:PD
CH:PD
O
R-M:5-12:PD
CH:HEOZ
CH:HEOZ
Proposed Zoning

Page 317 ends

16492 Los Gatos Boulevard and APN 53207085
R-1:8
O
C-1
R-1:8
R-1:8:PS
R-1D
R-M:5-12
R-1:8:PD
R-M:5-12
Existing Zoning

Page 318 ends

16492 Los Gatos Boulevard and APN 53207085
R-1:8
O
C-1
R-1:8:PD
R-M:5-12
C-1:HEOZ
Proposed Zoning

Page 319 ends

401 through 409 Alberto Way; 50 Los Gatos-Saratoga
Avenue; and APNs 52924001 and 52924003
R-1D
R-1:8
R-1:20:PS
RMH
CH:PD
CH
R-M:5-12:PD
R-1:10
CH:PD
R-1:8
R-M:5-12
RC
R-1:8:PD
R-M:5-12:PD
R-M:5-12
R-M:5-12:PD
R-1D O:PD
R-M:5-12:LHP
R-1:8:PD
R-M:5-12
Existing Zoning

Page 320 ends

401 through 409 Alberto Way; 50 Los Gatos-Saratoga
Avenue; and APNs 52924001 and 52924003
R-1D
R-1:20:PS
RMH
CH:PD
R-1:8
CH
R-M:5-12:PD
CH:PD
R-M:5-12
R-M:5-12:PD
R-1:8:PD
R-M:5-12:PD
CH:PD:HEOZ
CH:HEOZ
Proposed Zoning

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165 Los Gatos-Saratoga Avenue
C-2
R-1D
C-1
O
R-1D:LHP
RMH
R-M:5-12:LHP:PD
O
R-1D:LHP
R-M:5-12
C-2:LHP
R-M:5-12:LHP
R-M:5-12
O:LHP
O:LHP
R-M:5-12 R-M:5-12:LHP
O:LHP
Existing Zoning

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165 Los Gatos-Saratoga Avenue
C-1
C-2
R-1D:LHP
R-1D
R-1D:LHP
O
R-M:5-12:LHP:PD
O
R-M:5-12
C-2:LHP
RMH
R-M:5-12:LHP
O:LHP
P
C-2:HEOZ
Proposed Zoning

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101 S. Santa Cruz Avenue, 50 Park Avenue, and 61
Montebello Way
C-2
R-1D
R:PD
C-2:LHP
RC
R-1D:LHP
HR-5
C-2:PD
R-1D
R-1:8
R-M:12-20
C-2:LHP:PD
Existing Zoning

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101 S. Santa Cruz Avenue, 50 Park Avenue, and 61
Montebello Way
C-2
R-1D
C-2:LHP
RC
C-2:PD
R-1D
C-2:HEOZ
R-1D:HEOZ
Proposed Zoning

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Chapter 29 - ZONING REGULATIONS
ARTICLE VIII. - OVERLAY ZONES AND HISTORIC PRESERVATION DIVISION 5. HOUSING ELEMENT OVERLAY ZONE

Page 1 of 2 ends

DIVISION 5. HOUSING ELEMENT OVERLAY ZONE
Sec. 29.80.555. Intent.

Sec. 29.80.5560. HEOZ and underlying zoning.

Pursuant to Government Code Section 65583.2(i), by right development will be allowed when 20 percent or more of the units are affordable to lower income households.

Sec. 29.80.590. HEOZ general development standards.

29.40.530, and

Page 2 of 2 ends

Page 327 ends

TOWN OF LOS GATOS

PLANNING COMMISSION
REPORT
MEETING DATE: 08/23/2023
ITEM NO: 5

ADDENDUM
DATE: August 22, 2023
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Forward a Recommendation to the Town Council on a Request to Amend the General Plan Land Use Designation of 16492 Los Gatos Boulevard and Assessor Parcel Number (APN) 532-07-086 from Low Density Residential to Neighborhood Commercial; Amend the General Plan Land Use Designation of Caltrans Right-of-Way Adjacent to 14685 Oka Road from Low Density Residential to Medium Density Residential and from R:1:8 to R-M:14-22; and Apply the Housing Element Overlay Zone to Allow for Increases to the Allowable Density, Height, Floor Area Ratio, and Lot Coverage to the Sites Included in the Sites Inventory Analysis of the 2023-2031 Housing Element:

APN’s 42406116, 42407116, 42408029, 42408058, 42408059, 42408060, 42408074, 52924001, 52924003, and 53207085; 401 through 409 Alberto Way; 620 and 14000 Blossom Hill Road; 16210, 16240, 16245, 16250, 16260, and 16270 Burton Road; Cal Trans Right-of-Way Adjacent to 14685 Oka Road; 110 and 206 Knowles Drive; 445 Leigh Avenue; 440 Los Gatos Almaden Road; 16603 Lark Avenue; 14823, 14831, 14849, 14859, 14917, 14925, 15300, 15349, 15367, 15405, 15425, 15480, 15500, 15795, 16151, 16203, 16392, and 16492 Los Gatos Boulevard; 50 and 165 Los Gatos Saratoga Road; 61 Montebello Way; 14800 and 14840 Oka Road; 50 Park Avenue; 101 South Santa Cruz Avenue. An Environmental Impact Report (EIR) was Prepared and Certified for the 2040 General Plan Update on June 30, 2022, which Included the Proposed General Plan Amendments. No further Environmental Analysis is Required. Zoning Code Amendment Application Z-23-003 and General Plan Amendment Application GP-23-003.

Applicant: Town of Los Gatos.

ATTACHMENT 4

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PAGE 2 of 2
SUBJECT: General Plan Amendments, Re-Zonings, and Housing Element Overlay Zone/ Z-23-003 and GP-23-003
DATE: August 22, 2023
REMARKS:

Exhibit 10 contains public comments received between 11:01 a.m., Friday, August 18, 2023, and 11:00 a.m., Tuesday, August 22, 2023.

EXHIBITS:

Previously received with the August 23, 2023, Staff Report:

1. Draft Findings

2. Appendix D, Sites Inventory Analysis of the July 2023 Interim Working Draft Revised Housing Element

3. Appendix H, Sites Inventory Form of the July 2023 Interim Working Draft Revised Housing Element

4. Location Maps – 16492 Los Gatos Boulevard (Showing Existing and Proposed General Plan Designations)

5. Location Maps – Parcel 532-07-086 (Showing Existing and Proposed General Plan Designations)

6. Location Maps – Caltrans Right-of-Way (Showing Existing and Proposed General Plan Designations)

7. Location Maps – Caltrans Right-of-Way (Showing Existing and Proposed Zoning)

8. Location Maps – 2023-2031 Housing Element (Showing Existing and Proposed Zoning)

9. Draft Zoning Code Ordinance Amendments, Division 5. Housing Element Overlay Zone Received with this Addendum Report:

10. Public Comments received between 11:01 a.m., Friday, August 18, 2023, and 11:00 a.m., Tuesday, August 22, 2023.

Page 329 ends

-----Original Message-----
From: Tiffany Frye
Sent: Monday, August 21, 2023 7:52 PM
To: Housing Element <[email protected]>; Jocelyn Shoopman <[email protected]>; Erin Walters <[email protected]>
Subject: Proposed Zoning change to 600 Blossom Hill
[EXTERNAL SENDER]
Los Gatos Planners, Planning Department, and the Housing Advisory, I received notice of an application to change the zoning of a property bordering mine—600 Blossom Hill Road. I own 16979 Roberts Road, Unit 6, which shares a wall with 600 Blossom Hill Road.

I purchased my home at because there weren’t homes located behind the house and was, at the time, only zoned for commercial use. This guaranteed privacy and security for me and my backyard/home. There are no sight lines into my backyard and as a single female, the location didn’t call too much attention, nor was there a lot of foot or vehicle traffic near that shared wall.

I would be opposed to any change in height levels at 600 Blossom Hill Road—as it would negatively affect the privacy and security of my home/life, which were major factors in the purchase of my home.

Please add this email to the public comments for the Wednesday, August 23rd 2023, meeting.

Thanks,
Tiffany Frye

Page 330 ends

From: Troy Follmar < >
Sent: Monday, August 21, 2023 7:43 AM
To: Housing Element <[email protected]>; Jocelyn Shoopman <[email protected]>; Erin Walters <[email protected]>
Subject: Proposed zoning change to 620 Blossom Hill Rd. [EXTERNAL SENDER]
Dear Los Gatos Planning Commission,
My name is Troy Follmar, I am the owner of My property on Roberts Rd shares its back fence with 620 Blossom Hill Rd, which is currently a single level car dealership. I am writing in regards to a notice of public hearing letter I just received in order to express my strong opposition to changing the zoning of 620 Blossom Hill. Construction of a building greater than one story tall will significantly decrease the privacy of my back yard, as well as significantly decrease my properties desirability and therefore value. I am hoping to keep the private feel of the property that was present when I purchased it almost ten years ago. I have discussed this issue with my neighbors and can report that neighborhood opposition to this proposed zoning change is unanimous.

I am unable to attend the meeting on August 23, which was announced to me on very short notice, so please include this letter in public comments at the meeting.

Best Regards,
Troy Follmar

Page 331 ends

From: Cindy Cockcroft < >
Sent: Saturday, August 19, 2023 12:36 PM
To: Housing Element <[email protected]>; Jocelyn Shoopman <[email protected]>; Erin Walters <[email protected]>
Subject: Fwd: proposed zoning change to 600 Blossom Hill [EXTERNAL SENDER]
Hello Los Gatos planners Erin and Jocelyn, and the planning department plus housing advisory, I received today a notice of an application to change the zoning of a property that borders mine. The property is located at 600 Blossom Hill Road, and I own One reason I purchased this property was there were no homes behind me with windows with sightlines into my very private home and backyard.

I would be opposed to any change in the single level heights that affect the privacy and quiet enjoyment that led me to purchase my home.

In my expert opinion as an active California Real Estate Broker since 1985, medium density zoning and development would negatively affect my property value significantly.

Thank you for adding to this email to the public comments for Wednesday the 23rd of August --
Cindy Cockcroft
Realtor® / Broker Associate

Page 332 ends

Page 333 ends

TOWN OF LOS GATOS

PLANNING COMMISSION
REPORT
MEETING DATE: 08/23/2023
ITEM NO: 5

DESK ITEM
DATE: August 23, 2023
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Forward a Recommendation to the Town Council on a Request to Amend the General Plan Land Use Designation of 16492 Los Gatos Boulevard and Assessor Parcel Number (APN) 532-07-086 from Low Density Residential to Neighborhood Commercial; Amend the General Plan Land Use Designation of Caltrans Right-of-Way Adjacent to 14685 Oka Road from Low Density Residential to Medium Density Residential and from R:1:8 to R-M:14-22; and Apply the Housing Element Overlay Zone to Allow for Increases to the Allowable Density, Height, Floor Area Ratio, and Lot Coverage to the Sites Included in the Sites Inventory Analysis of the 2023-2031 Housing Element:

Applicant: Town of Los Gatos.

ATTACHMENT 5

Page 334 ends

PAGE 2 of 2
SUBJECT: General Plan Amendments, Re-Zonings, and Housing Element Overlay Zone/ Z-23-003 and GP-23-003
DATE: August 23, 2023
REMARKS:

Exhibit 11 contains public comments received between 11:01 a.m., Tuesday, August 22, 2023, and 11:00 a.m., Wednesday, August 23, 2023.

EXHIBITS:

Previously received with the August 23, 2023, Staff Report:

1. Draft Findings

2. Appendix D, Sites Inventory Analysis of the July 2023 Interim Working Draft Revised Housing Element

3. Appendix H, Sites Inventory Form of the July 2023 Interim Working Draft Revised Housing Element

4. Location Maps – 16492 Los Gatos Boulevard (Showing Existing and Proposed General Plan Designations)

5. Location Maps – Parcel 532-07-086 (Showing Existing and Proposed General Plan Designations)

6. Location Maps – Caltrans Right-of-Way (Showing Existing and Proposed General Plan Designations)

7. Location Maps – Caltrans Right-of-Way (Showing Existing and Proposed Zoning)

8. Location Maps – 2023-2031 Housing Element (Showing Existing and Proposed Zoning)

9. Draft Zoning Code Ordinance Amendments, Division 5. Housing Element Overlay Zone Previously received with the August 22, 2023, Addendum Report:

10. Public Comments received between 11:01 a.m., Friday, August 18, 2023, and 11:00 a.m., Tuesday, August 22, 2023.

Received with this Desk Item Report:

11. Public Comments received between 11:01 a.m., Tuesday, August 22, 2023, and 11:00 a.m., Wednesday, August 23, 2023.

Page 335 ends

From: Respicio, Maryknol <[email protected]>
Sent: Tuesday, August 22, 2023 12:39 PM
To: Joel Paulson <[email protected]>
Cc: Phil Koen ( ) < >; Town Manager
<[email protected]>; Attorney <[email protected]>; [email protected]; [email protected]; Francois, Matthew <[email protected]> Subject: Los Gatos 2023-2031 Housing Element
Dear Mr. Paulson:

Attached please find a letter regarding Los Gatos 2023-2031 Housing Element issues.

Please let Matt Francois if you have any questions.

Thank you.

Maryknol Respicio
Assistant to Matthew D. Francois
Five Palo Alto Square, 3000 El Camino Real, Ste. 200 | Palo Alto, CA 94306 O. (650) 320-1500 | D. (650) 320-1500 x7723
[email protected] | www.rutan.com
_____________________________________________________
Privileged And Confidential Communication.

This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act (18 USC §§ 2510-2521), (b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited.

EXHIBIT 11

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Matthew D. Francois
Direct Dial: (650) 798-5669
E-mail: [email protected]
August 22, 2023
Ru t an & Tu ck er , LL P | 45 5 Mar ke t Str ee t, Sui t e 1 87 0 Sa n Fran c isc o, CA 941 05 | 650 -2 63 -7 900 | Fax 65 0 - 26 3- 790 1 Or an ge Coun ty | Pa lo Alto | San Fra nc is co | Sc ot ts da le | www. ru ta n. co m 2382/037011-0001
19498744 2 a08/22/23
VIA E-MAIL - [email protected]
Joel Paulson
Community Development Director
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
Re: Los Gatos 2023-2031 Housing Element
Dear Mr. Paulson:

We write on behalf of the Los Gatos Community Alliance (“LGCA”), a group of concerned citizens, in regard to the Los Gatos 2023-2031 Housing Element (the “Housing Element”). In previous correspondence to the Town of Los Gatos (the “Town”), LGCA expressed concern that the Housing Element Sites Inventory overstated the development potential on two key sites—Los Gatos Lodge and North 40 Phase II—in light of SB 330 Preliminary Applications submitted for both sites which vest development rights at overall lower densities with far fewer affordable units than assumed by the Sites Inventory. LGCA also expressed concerns with the reasonableness of development capacity on North 40 Phase II given that the site is more than 10 acres and a comparable development (the adjacent North 40 Phase I) was developed at an overall lower density with less affordable units than assumed by the prior housing element. The reductions are significant enough that the Town would not meet its Regional Housing Needs Allocation (“RHNA”) for very low and moderate income units. As the Town prepares its fourth revision to the Housing Element, LGCA writes to request that the Town update the Sites Inventory and make other changes to the Housing Element so as to comply with State Housing Element Law.

1. Background
Faced with a January 31, 2023 deadline to adopt a compliant Housing Element, the Town submitted its first draft Housing Element to the State Department of Housing & Community Development (“HCD”) on October 14, 2022. In its January 12, 2023 comment letter HCD found that this first submittal was not compliant with State Housing Element Law. The Town Council nonetheless proceeded to adopt a slightly revised version of the Housing Element and submitted it to HCD on February 13, 2023. HCD responded to this second submittal on April 14, 2023 indicating that it too was not compliant with State Housing Element Law. On March 31, 2023, the Town sent its third submittal to HCD on March 31, 2023.

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Joel Paulson
August 22, 2023

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2382/037011-0001
19498744 2 a08/22/23
After the third submittal had been sent to HCD, the Town received two SB 330 Preliminary Applications for two key sites on the Sites Inventory—Los Gatos Lodge (Site B1) and North 40 Phase II (Site D1)—on which the Housing Element proposes to accommodate more than 50 percent of the Town’s low and very low RHNA. 1 As illustrated by the chart below,
the SB 330 Preliminary Applications include a greatly reduced number of affordable housing units from that assumed in the Sites Inventory. The reductions are significant enough that the Town would not meet its RHNA for very low and moderate income units. The Town’s RHNA for very low units is 537 units and for moderate units is 320. With the reductions associated with the SB 330 Preliminary Applications, the Town only has 396 very low units and 253 moderate units.

Project Housing Element
Sites Inventory
SB 330 Preliminary
Applications Submitted
Los Gatos Lodge
(Site B-1)
Very Low: 86
Low: 86
Moderate: 62
Above-Moderate: 30
Total: 264
Very Low: 0
Low: 32
Moderate: 0
Above-Moderate: 126
Total: 158
North 40-Phase II
(Site D-1)
Very Low: 184
Low: 89
Moderate: 92
Above-Moderate: 96
Total: 461
Very Low: 0
Low: 88
Moderate: 0
Above-Moderate: 349
Total: 437
In its May 30, 2023 letter, HCD again found that the Town’s third submittal of the Housing Element to be non-compliant with State Housing Element Law. In pertinent part, HCD stated that the Housing Element needed to be revised to, among others, contain an accurate Sites Inventory accounting for: (1) the likelihood of 100 percent nonresidential development in zones allowing 100 percent nonresidential uses and (2) the realistic potential for additional development on non-vacant sites. As to the first point, HCD indicated that the Town should consider the development activity of 100 percent nonresidential uses, stating the element should analyze all development activity in these nonresidential zones, how often residential development occurs and adjust residential capacity calculations, policies, and programs accordingly. As to the second point, HCD stated that the element should address “the extent to which existing uses may constitute an impediment to additional residential development, the Town’s past experience with converting existing uses to higher density residential development, 1 True and correct copies of these applications for Site B1 and Site D1 are attached hereto as Exhibit A and Exhibit B, respectively.

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Joel Paulson
August 22, 2023

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2382/037011-0001
19498744 2 a08/22/23
the current market demand for the existing use, an analysis of any existing leases or other contracts that would perpetuate the existing use or prevent redevelopment of the site for additional residential development, development trends, market conditions, and regulatory or other incentives or standards to encourage additional residential development on these sites.”

2. Housing Element Law Requires A Sites Inventory That Reflects Realistic Capacity And Properly Accounts For Large And Nonvacant Sites.

Government Code Section 65583 requires that a housing element “identify adequate sites for housing” and “make adequate provision for the existing and projected needs of all economic segments of the community.” Specifically, a housing element must contain “[a]n inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites, and an analysis of the relationship of the sites identified in the land inventory to the jurisdiction’s duty to affirmatively further fair housing.” (Gov. Code § 65583(a)(3).)
The sites inventory shall be used to identify sites throughout the community that can be developed for housing within the planning period and that are sufficient to provide for the jurisdiction’s share of the regional housing need for all income levels. (Gov. Code § 65583.2(a).) An agency is required to determine whether each site in its inventory can accommodate the development of some portion of its share of the regional housing need by income level during the planning period. (Gov. Code § 65583.2(c).) A local agency must demonstrate how the number of units determined for a particular site in the inventory will be accommodated. (Gov. Code § 65583.2(c)(1).) The number of units shall be adjusted as necessary based on land use controls and site improvements, the realistic development capacity for the site, typical densities of existing or approved residential developments at a similar affordability level in the jurisdiction, and the current and planned availability and accessibility of sufficient water, sewer, and dry utilities. (Gov. Code § 65583.2(c)(2).) Parcels larger than 10 acres are considered inadequate to accommodate housing affordable to lower income households, unless the local agency demonstrates that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower income housing units as projected for the site, or there is other evidence that the site is realistic and feasible for lower income housing.2 (Gov. Code § 65583.2(c)(2)(B).) “A site 2 Such evidence may include developer interest, proposed specific-plan development, potential for subdivision, the jurisdiction’s role or track record in facilitating lot splits, or other information that can demonstrate to HCD the feasibility of the site for development. (HCD’s Housing Element Site Inventory Guidebook (May 2020), p. 17.)

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Joel Paulson
August 22, 2023

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2382/037011-0001
19498744 2 a08/22/23
may be presumed to be realistic for development to accommodate lower income housing need if, at the time of the adoption of the housing element, a development affordable to lower income households has been proposed and approved for development on the site.” (Gov. Code § 65583.2(c)(2)(C).)
When a housing element relies on nonvacant sites to accommodate more than 50 percent of the RHNA for lower income households, it must demonstrate that existing uses are not an impediment to additional residential development and will likely discontinue in the planning period. (Gov. Code § 65583.2(g)(2).) Absent findings based on substantial evidence, the existing uses will be presumed to impede additional residential development and cannot be used to demonstrate adequate sites to accommodate the agency’s RHNA. (Id.)

3. The Housing Element Does Not Comply with State Housing Element Law.

The Sites Inventory has not been revised to reflect the SB 330 Preliminary Applications for Los Gatos Lodge and North Forty Phase II. The inventory assumes that these two sites will provide more than 50 percent of the RHNA for low and very low income units. But since these two sites can legally be developed in accordance with their SB 330 Preliminary Applications, the Town would have a shortfall of 141 very low units and 67 moderate units.3 The Sites Inventory does not meet the Town’s RHNA obligations and the capacity assumed for Sites B-1 and D-1 is not realistic.

Los Gatos Lodge (Site B-1) is comprised of three parcels totaling 8.81 acres and identified as having a realistic capacity of 264 units. Of these 264 units, 86 are identified as very low, 86 as low, 62 as moderate, and 30 as above-moderate. The Los Gatos Lodge site is occupied by an existing motel and thus nonvacant. It has a proposed General Plan designation of Mixed Use Commercial and a proposed Zoning designation of CH-PD HEOZ, which would allow minimum densities of 30 units per acre. The Housing Element incorrectly refers to this site as already containing these designations. (Housing Element, Appendix D, p. D-15.)4 A SB 330 Preliminary Application was submitted for Los Gatos Lodge on June 30, 2023.

Because the Town does not have a certified Housing Element, the project is subject to the “builder’s remedy” and can proceed irrespective of its non-conformity with current planning and zoning designations. (Gov. Code § 65589.5(d).) Any subsequently enacted planning or zoning 3 Where there would still be a nominal surplus of 58 low income units, this would only be 8 percent above the Town’s RHNA allocation, falling far short of HCD’s recommended 15-30 percent buffer. (HCD’s Housing Element Site Inventory Guidebook (May 2020), p. 22.) 4 References herein to the Housing Element are to the Interim Working Draft Revised Housing Element dated July 2023.

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Joel Paulson
August 22, 2023

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2382/037011-0001
19498744 2 a08/22/23
changes would not legally apply to the project proposed on Site B-1.5 The Preliminary Application includes a total of 158 units. Of these 158 units, 126 are identified as market rate (or above-moderate) units and 32 are identified as low income units. Thus, Site B-1 is subject to a vested development application for 106 overall fewer units and 86 less very low, 54 less low, and 62 less moderate units than assumed by the Sites Inventory.

North 40 Phase II (Site D-1) is comprised of seven parcels totaling 15.39 acres and identified as having a realistic capacity of 461 units. Of these 461 units, 184 are identified as very low, 89 as low, 92 as moderate, and 96 as above-moderate. The North 40 Phase II site is occupied by single-family residences and agricultural uses and thus nonvacant. It is planned and zoned North Forty Specific Plan. The Specific Plan currently allows for a maximum of 270 units. (Specific Plan, Table 2-2 and Section 2.7.3.) Phase I was developed with 270 above-moderate units, 1 moderate unit, and 49 very low units.

A SB 330 Preliminary Application was submitted for North 40 Phase II on April 17, 2023. Because the Town does not have a certified Housing Element, the project is subject to the “builder’s remedy” and can proceed irrespective of its non-conformity with current planning and zoning designations. (Gov. Code § 65589.5(d).) Any subsequently enacted planning or zoning changes would not legally apply to the project proposed on Site D-1. The Preliminary Application includes a total of 437 units. Of these 437 units, 349 are identified as market rate (or above-moderate) units and 88 are identified as low income units. Thus, Site B-1 is subject to a vested development application for 24 overall fewer units and 184 less very low, 1 less low, and 92 less moderate units than assumed by the Sites Inventory.

Town Staff has indicated that these are just preliminary applications and do not need to be factored into the analysis as to whether the capacity is realistic. Such a response significantly downplays the legal significance of the SB 330 Preliminary Applications submitted. Moreover, the Town itself used such an application for Site I-1 (405 Alberto Way) as the basis for the overall density and number of affordable units in its Sites Inventory. Also, other agencies with certified Housing Elements, such as the City of Campbell, considered SB 330 Preliminary Applications when preparing their Housing Sites Inventory.6 In addition, Site D-1 is 15.39 acres. Per State Housing Element Law, such a large site is considered inadequate to accommodate housing affordable to lower income households, unless 5 A Preliminary Application allows a developer to “freeze” the applicable ordinances, policies, and standards in place at the time of submittal thus preventing later changes to development requirements that could impact the project. (Gov. Code §§ 65589.5(o), 65941.1.) 6 Specifically, Campbell’s Housing Element included a discussion of requests to develop housing below identified densities as a non-government constraint to housing. (Campbell Housing Element, p. H.II-172.)

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Joel Paulson
August 22, 2023

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2382/037011-0001
19498744 2 a08/22/23
the Town demonstrates that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower income housing units as projected for the site. (Gov. Code § 65583.2(c)(2)(B).) The Housing Element contains no such supporting analysis.

The reality is that there is no such supporting evidence. For instance, while North 40 Phase I was planned for 270 units (156 very low, 84 low, 30 moderate, and 0 above-moderate), what was actually built was 270 above-moderate units, 49 very low units, and 1 moderate unit.

Further, the Town’s Housing Element relies almost exclusively on nonvacant sites to accommodate its RHNA for lower income households.7 By law, the existing uses on these sites are deemed to be an impediment to residential development absent substantial evidence to the contrary. (Gov. Code § 65583.2(g)(2).) Most of the projects the Town relies on to support its claim that the existing uses are not an impediment are in other jurisdictions. The Housing Element states that development in those other jurisdictions provide examples of “the type of development that could be projected to be developed in the Town based on the proposed Housing Element Overlay Zone.” (Housing Element, Appendix D, p. D-3.) But there is no evidence to support this statement nor is there any indication that the proposed overlay zone would pass legal muster.8 As to the few sites in Los Gatos, most appear to be lower density, single-family developments. (Id. at pp. D-3 to D-4.) Further, the Housing Element cites to property interest forms without including or detailing the information on those forms, as HCD previously requested. (Id. at pp. D-4 to D-5.) Absent findings based on substantial evidence, the existing uses will be presumed to impede additional residential development and cannot be used to demonstrate adequate sites to accommodate the RHNA. (Id.) Finally, it is unclear whether the Housing Element complies with Government Code Section 65583.2(h). That section requires that at least 50 percent of the very low income and low income housing be located on sites designated for residential use only except that an agency may accommodate all of its very low and low income housing need on sites designated for mixed use if those sites allow 100 percent residential use and require that residential use occupy 50 percent of the total floor area of a mixed use project. Of the 50 housing opportunity sites, only 11 are designated to allow residential units only; the remaining 39 are designed to allow for commercial and mixed-use opportunities. (Housing Element, Appendix D, p. D-5.) Citing a mere two previously entitled commercial development projects for which residential development projects have since been proposed, the Housing Element state that the likelihood that commercial or mixed-use sites would redevelop without some residential component is “clearly low.” (Id. at p. D-6.) The law requires more than this. The planning and zoning 7 The only exception appears to be for two very low income units on one vacant parcel:

APN 424-06-116.
8 (See Martinez v. City of Clovis (2023) 90 Cal. App.5th 193 [housing element’s reliance on a regional housing need overlay zone district failed to comply with State Housing Element Law because the base zoning allowed development at a density lower than the statutory minimum].)

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EXHIBIT A

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The locaƟon of any recorded public easement, such as easements for uƟliƟes, storm drains, water lines, and other public rights-of-way.

Whether a porƟon of the property is located within any of the following:

Yes No
A very high fire hazard severity zone, as determined by the Department of Forestry and Fire ProtecƟon pursuant to SecƟon §51178.

Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

A hazardous waste site that is listed pursuant to SecƟon §65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to SecƟon §25356 of the Health and Safety Code.

A special flood hazard area subject to inundaƟon by the one (1) percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency.

A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protecƟon building code standards adopted by the California Building Standards Commission under the California Building Standards Law [Part 2.5 (commencing with SecƟon §18901) of Division 13 of the Health and Safety Code], and by any local building department under Chapter 12.2 (commencing with SecƟon §8875) of Division 1 of Title 2.

A stream or other resource that may be subject to a streambed alteraƟon agreement pursuant to Chapter 6 (commencing with SecƟon §1600) of Division 2 of the Fish and Game Code.

SB 330 PRELIMINARY APPLICATION SUBMITTAL CHECKLIST

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✔
✔
✔
✔
✔
✔
✔
✔

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SENATE BILL 330 PRELIMINARY APPLICATION

PURPOSE
This form serves as the Preliminary ApplicaƟon for housing development projects seeking vesƟng rights pursuant to SB 330, the Housing Crisis Act of 2019.

GENERAL INFORMATION
An applicant for a housing development project that includes (1) residenƟal units (2) a mix of commercial and residenƟal uses with two-thirds of the project’s square footage used for residenƟal purposes; or (3) transiƟonal or supporƟve housing, shall be deemed to have submiƩed a Preliminary ApplicaƟon upon provision of all of the informaƟon listed in this Preliminary ApplicaƟon form and payment of the permit processing fee to the agency from which approval for the project is being sought.

AŌer submiƫng this Preliminary ApplicaƟon to the local agency, an applicant has 180 days to submit a full applicaƟon or the Preliminary ApplicaƟon will expire.

Notes:

1. California Environmental Quality Act (CEQA) and Coastal Act standards apply.

2. AŌer submiƩal of all of the informaƟon required, if the development proponent revises the project to change the number of residenƟal units or square footage of construcƟon changes by 20 percent or more, excluding any increase resulƟng from Density Bonus Law, the development proponent must resubmit the required informaƟon so that it reflects the revisions.

3. SubmiƩal of all the informaƟon listed and payment of the permit processing fee freezes fees and development standards as of the date that the Preliminary ApplicaƟon is “deemed submiƩed,” unless excepƟons per Government Code § 65889.5(o) are triggered.

4. Record keeping pertaining to which standards and fees apply at date of submiƩal is imperaƟve, as penalƟes may apply for imposing incorrect standards.

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SITE INFORMATION

1. PÙÊ¹ã LÊã®ÊÄ – The specific locaƟon, including parcel numbers, a legal descripƟon, and site address, if applicable.

Street Address _______________________________________ Unit/Space Number _____________ Legal DescripƟon (Lot, Block, Tract) AƩached? YES NO
Assessor Parcel Number(s) _____________________________________________________________

2. Eø®Ýã®Ä¦ UÝÝ – The exisƟng uses on the project site and idenƟficaƟon of major physical alteraƟons to the property on which the project is to be located (if you have aƩached a site plan that clearly depicts all exisƟng uses and proposed physical alteraƟons, please enter “See AƩached Plan” below).

3. S®ã P½Ä – A site plan showing the building(s) locaƟon on the property and approximate square footage of each building that is to be occupied.

AƩached? YES NO

4. E½òã®ÊÄÝ – All elevaƟons of all buildings showing design, color, material, and the massing and height of each building that is to be occupied.

AƩached? YES NO

5. PÙÊÖÊÝ UÝÝ – The proposed land uses by number of units and square feet of residenƟal and nonresidenƟal development using the categories in the Zoning Ordinance. ✔
See Attachment 2, Exhibit A.
529-24-001, 529-24-003, 529-24-032
The Project site is currently occupied by Los Gatos Lodge, a hotel/motel. Onsite operations consist of temporary (less than 30 days) lodging of hotel guests, meeting and event rooms, recreational areas, dining areas, routine facility maintenance, accessory office uses and a duplex dwelling unit for hotel staff. In addition to the buildings and other structures, the Project site is improved with asphalt-paved parking/drive areas, concrete-paved patios and walkways, a swimming pool, and landscaped areas. (See also Attachment 3.) With the exception of the duplex dwelling unit, all existing structures and improvements will be removed for the Project.
✔
✔
SummerHill proposes to develop 158 new three-story for-sale attached townhouses in 28 buildings (multiple-family dwellings) on a portion of an approximately 8.81-acre tract of land, with associated amenities, landscaping, private streets, utilities and other infrastructure improvements. The living area of the townhouses will range from approximately 1,270 to 2,230 square feet, with a total living area of approximately 282,931 square feet and a total gross floor area of approximately 352,919 square feet. Each townhome will have assigned parking, either in an attached garage or in a shared parking area. The boundaries of the individual townhomes will be established through a condominium plan, and the community will be governed by a professionally managed homeowners association. 50 Los Gatos-Saratoga Road, Los Gatos, et al.

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a. RÝ®Äã®½ Dó½½®Ä¦ UÄ®ã CÊçÄã:

Please indicate the number of dwelling units proposed, including a breakdown of levels by affordability, set by each income category.

Other notes on units:

6. F½ÊÊÙ AÙ – Provide the proposed floor area and square footage of residenƟal and nonresidenƟal development, by building. (AƩach relevant informaƟon by building and totals here. If more space is needed, enter “See AƩached,” and aƩach a modified table.):

7. PÙ»®Ä¦ – The proposed number of automobile parking spaces:

Number of Units
Market Rate
Manager Unit(s) - Market Rate
Extremely Low Income (%)
Very Low Income (%)
Low Income (%)
Moderate Income (%)
Total Number of Units
Total Number of Affordable Units
Total Number of Density Bous Units
ResidenƟal NonresidenƟal Total
Floor Area (Zoning)
Square Footage of ConstrucƟon
ResidenƟal NonresidenƟal Total Automobile Parking

126 Units
0 0
0 32 Units (20.3%)
0 158 Units
32 Units
5 Units
SummerHill will use a density bonus to achieve 158 units, if necessary. The existing duplex dwelling unit is not included in the unit counts listed above. 352,919 SF 0 352,919 SF
352,919 SF 0 352,919 SF
351 spaces 0 351 spaces

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8. A¥¥ÊÙ½ HÊçÝ®Ä¦ IÄÄã®òÝ, W®òÙÝ, CÊÄÝÝ®ÊÄÝ Ä PÙ»®Ä¦ Rçã®ÊÄÝ – Will the project proponent seek Density Bonus incenƟves, waivers, concessions, or parking reducƟons pursuant to California Government Code SecƟon 65915?
YES NO
If “YES,” please describe:

9. Sç®ò®Ý®ÊÄ – Will the project proponent seek any approvals under the Subdivision Map Act, including, but not limited to, a parcel map, a vesƟng or tentaƟve map, a condominium map? YES NO
If “YES,” please describe:

10. PÊ½½çãÄãÝ – Are there any proposed point sources of air or water pollutants? YES NO
If “YES,” please describe:

11. Eø®Ýã®Ä¦ S®ã CÊÄ®ã®ÊÄÝ – Provide the number of exisƟng residenƟal units on the project site that will be demolished and whether each exisƟng unit is occupied or unoccupied. Provide aƩachment, if needed.

Occupied
ResidenƟal Units
Unoccupied
ResidenƟal Units
Total
ResidenƟal Units
ExisƟng
To Be Demolished
✔
SummerHill may utilize: (1) a density bonus, if necessary to achieve 158 units; (2) a concession or waiver to eliminate mixed-use requirements, if necessary; (3) parking reductions; and/or (4) waivers or reductions of development standards necessary for the development of the project, potentially including, without limitation:
an increase in the height limit to 45 feet, a reduction of the required private open space and community recreation open space, a modification of set-to requirements, and/or a waiver of the requirement to provide a primary entrance for each building. SummerHill reserves the right to request additional concessions, waivers or reductions pursuant to Gov. Code section 65915.
✔
SummerHill will seek approval of a vesting tentative map and a final map and will record a condominium map.
✔
2 Units
0 0
0 2 Units
0

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12. A®ã®ÊÄ½ S®ã CÊÄ®ã®ÊÄÝ –
a. Whether a porƟon of the property is located within any of the following:
i. A very high fire hazard severity zone, as determined by the Department of Forestry and Fire ProtecƟon, pursuant to SecƟon 51178?
YES NO
ii. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993)?
YES NO
iii. A hazardous waste site that is listed pursuant to SecƟon 65962.5, or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to SecƟon 25356 of the Health and Safety Code?
YES NO
iv. A special flood hazard area subject to inundaƟon by the 1 percent annual chance flood (100-year flood) as determined by any official maps published by the Federal Emergency Management Agency?
YES NO
v. A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protecƟon building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with SecƟon 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter

12.2 (commencing with SecƟon 8875) of Division 1 of Title 2? YES NO
vi. A stream or other resource that may be subject to a streambed alteraƟon agreement pursuant to Chapter 6 (commencing with SecƟon 1600) of Division 2 of the Fish and Game Code? YES NO
✔
✔
✔
✔
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IF YOU CHECKED "YES" FOR ITEM (vi), ATTACH A SITE MAP SHOWING THE LOCATION OF ANY SUCH STREAM OR OTHER RESOURCE. REGARDLESS OF WHETHER YOU CHECKED "YES," PROVIDE AN AERIAL

PHOTOGRAPH SHOWING EXISTING ENVIRONMENTAL SITE FEATURES SUBJECT TO REGULATIONS BY A PUBLIC AGENCY, INCLUDING CREEKS AND WETLANDS.

Check here to indicate you have read this statement and have aƩached the required materials If “YES” to any, please describe:
b. Does the project site contain historic and/or cultural resources? YES NO
If “YES,” please describe:
c. Does the project site contain any species of special concern, such as special status flora or fauna, protected trees, or wildlife?
YES NO
If “YES,” please describe:
d. Does the project site contain any recorded public easement, such as easements for storm drains, water lines, electricity, and other public rights-of-way? YES NO
If “YES,” please describe:

IF “YES,” PROVIDE A SITE PLAN SHOWING THE LOCATION OF ANY SUCH EASEMENTS. Check here to indicate you have read this statement and, if applicable, have aƩached the required materials ✔
None known at this time.
✔
None known at this time. Some of the existing structures are more than 50 years old but none have been identified as historically or culturally significant. ✔
None known at this time.
✔
The Project site does not contain any recorded public easements such as easements for storm drains, water lines, electricity and other public rights-of-way. However, the Project site contains public restrictions and private and/or utility easements for water, road and sewer purposes. See Attachments 2 & 5.
✔

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13. PÙÊ¹ã TÃ IÄ¥ÊÙÃã®ÊÄ – The applicant’s contact informaƟon and, if the applicant does not own the property, consent from the property owner to submit the applicaƟon.

AÖÖ½®Äã:

Name _______________________________________ Company/Firm __________________________ Address _______________________________________________ Unit/Space Number _____________ City ________________________________ State ____________ Zip Code _______________________ Telephone _____________________________ Email ________________________________________ Are you in Escrow To Purchase The Property? YES NO
PÙÊÖÙãù OóÄÙ: Same as applicant Different from applicant Name _______________________________________________________________________________ Company/Firm _______________________________________________________________________ Address _______________________________________________ Unit/Space Number _____________ City ________________________________ State ____________ Zip Code _______________________ Telephone _____________________________ Email ________________________________________ OÖã®ÊÄ½: Agent/RepresentaƟve
Name _______________________________________ Company/Firm __________________________ Address _______________________________________________ Unit/Space Number _____________ City ________________________________ State ____________ Zip Code _______________________ Telephone _____________________________ Email ________________________________________ OÖã®ÊÄ½: Other
Name _______________________________________ Company/Firm __________________________ Address _______________________________________________ Unit/Space Number _____________ City ________________________________ State ____________ Zip Code _______________________ Telephone _____________________________ Email ________________________________________ Primary Contact for Project: Owner Applicant Agent/RepresentaƟve Other John Hickey, Vice President of Development SummerHill Homes LLC 777 S. California Ave.

Palo Alto CA 94304
650-842-2360 [email protected]
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✔
Keet Nerhan
Los Gatos Lodge, LLC
210 San Mateo Road 201
Half Moon Bay CA 94019
650-726-4457
David J. Bugatto The Bugatto Group, Inc.
300 University Avenue Suite 230
Sacramento CA 95825
916-648-7718 [email protected]
✔

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PÙÊÖÙãù OóÄÙ A¥¥®ò®ã
Before the applicaƟon can be accepted, the owner of each property involved must provide a signature to verify the Preliminary ApplicaƟon is being filed with their knowledge. Staff will confirm ownership based on the records of the County Assessor. In the case of partnerships, corporaƟons, LLCs or trusts, the agent for service of process or an officer of the ownership enƟty so authorized may sign as sƟpulated below. x Ownership Disclosure. If the property is owned by a partnership, corporaƟon, LLC or trust, a disclosure idenƟfying the agent for service or process or an officer of the ownership enƟty must be submiƩed. The disclosure must list the names and addresses of the principal owners (25 percent interest or greater).

The signatory must appear in this list of names. A leƩer of authorizaƟon, as described below, may be submiƩed provided the signatory of the leƩer is included in the Ownership Disclosure. Include a copy of the current partnership agreement, corporate arƟcles, or trust document as applicable. x LeƩer of AuthorizaƟon (LOA). A LOA from a property owner granƟng someone else permission to sign the Preliminary ApplicaƟon form may be provided if the property is owned by a partnership, corporaƟon, LLC or trust, or in rare circumstances when an individual property owner is unable to sign the Preliminary ApplicaƟon form. To be considered for acceptance, the LOA must indicate the name of the person being authorized to file, their relaƟonship to the owner or project, the site address, a general descripƟon of the type of applicaƟon being filed and must also include the language in items 1-3 below. In the case of partnerships, corporaƟons, LLCs or trusts, the LOA must be signed by the authorized signatory as shown on the Ownership Disclosure or in the case of private ownership by the property owner. Proof of Ownership for the signatory of the LOA must be submiƩed with said leƩer. x Grant Deed. Provide Copy of the Grant Deed if the ownership of the property does not match local records. The Deed must correspond exactly with the ownership listed on the applicaƟon. x MulƟple Owners. If the property is owned by more than one individual (e.g., John and Jane Doe, or Mary Smith and Mark Jones) signatures are required of all owners.

1. I hereby cerƟfy that I am the owner of record of the herein previously described property located in the Town of Los Gatos which is involved in this Preliminary ApplicaƟon, or have been empowered to sign as the owner on behalf of a partnership, corporaƟon, LLC, or trust as evidenced by the documents aƩached hereto.

2. I hereby consent to the filing of this Preliminary ApplicaƟon on my property for processing by the Town of Los Gatos Community Development Department for the sole purpose of vesƟng the proposed housing project subject to the Planning and Zoning ordinances, policies, and standards adopted and in effect on the date that this Preliminary ApplicaƟon is deemed submiƩed.

3. Further, I understand that this Preliminary ApplicaƟon will be terminated and vesƟng will be forfeited if the housing development project is revised such that the number of residenƟal units or square footage of construcƟon increases or decreases by 20 percent or more, exclusive of any increase resulƟng from the receipt of a density bonus, incenƟve, concession, waiver, or similar provision, and/or an applicaƟon requesƟng approval of an enƟtlement is not filed with Town of Los Gatos Community Development Department within 180 days of the date that the Preliminary ApplicaƟon is deemed complete.

4. By my signature below, I cerƟfy that the foregoing statements are true and correct.

Signature ____________________________________ Signature ____________________________________ Printed Name _________________________________ Printed Name _________________________________ Date ________________________________________ Date ________________________________________ ^/'EdhZ
^ KE &K>>Kt/E' W'

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Attachment 2 to SB 330 Preliminary Application
50 Los Gatos-Saratoga Road, Los Gatos

SUPPLEMENTAL RESPONSES

1. Project Location – The specific location of the Project, including parcel numbers, a legal description, and site address:

Primary Address: 50 Los Gatos-Saratoga Road, Los Gatos, California Other Addresses:
• 92 Los Gatos-Saratoga Road1
• 96 Los Gatos-Saratoga Road2
• 225 Bella Vista Avenue
• 227 Bella Vista Avenue
APNs:
• 529-24-001
• 529-24-003
• 529-24-032
Legal Description:
• See Exhibit A (Legal Description of Project Site).

2. Existing Uses – The existing uses on the project site and identification of major physical alterations to the property on which the project is to be located:

The Project site is currently occupied by Los Gatos Lodge, a hotel/motel. Onsite operations consist of temporary (less than 30 days) lodging of hotel guests, meeting and event rooms, recreational areas, dining areas, routine facility maintenance, accessory office uses and a duplex dwelling unit for hotel staff. In addition to the buildings and other structures, the Project site is improved with asphalt-paved parking/drive areas, concrete-paved patios and walkways, a swimming pool, and landscaped areas. With the exception of the duplex dwelling unit, all existing structures and improvements will be removed for the Project. See also Attachment 3 (ALTA/ACSM Land Title Survey).

3. Site Plan – A site plan showing the building location(s) on the property and approximate square footage of each building that is to be occupied:

See Attachment 4 (Site Plan & Elevations).

1 See https://tlggis.losgatosca.gov/. Address not used. 2 See https://tlggis.losgatosca.gov/. Address not used.

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Attachment 2 to SB 330 Preliminary Application
50 Los Gatos-Saratoga Road, Los Gatos
2 2023-06-21

4. Elevations – Elevations of each building showing design, color, material, and the massing and height of each building that is to be occupied:

See Attachment 4 (Site Plan & Elevations). SummerHill welcomes comments from the Town of Los Gatos regarding the proposed architectural style. SummerHill is open to the possibility of a more traditional architectural style if that would be preferred.

12.a.iv. Special Flood Hazard Area – Is the site in a special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by any official maps published by the Federal Emergency Management Agency?
No, the site is not in a Special Flood Hazard Area. However, as with a substantial portion of Los Gatos between Los Gatos Boulevard and N. Santa Cruz Avenue, the site is in an area of potential flooding due to dam failure.

12.a.v. Earthquake Fault Zone – Is the site in a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist? No, the site is not in in a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist.

According to the Geology Chapter of the General Plan Background Report, fault traces belonging to numerous faults, including the Shannon and Monte Vista Faults, are located in the vicinity of Los Gatos. As a result, significant bands of both high and moderate fault rupture hazard cover most of the Town of Los Gatos. These zones are generally northwest/southeast running, in conformance with the direction of the surrounding San Andreas and Monte Vista Fault systems.

Nearly the entire southern portion of the Town is an area of high fault rupture hazard. Smaller portions of central Los Gatos are of moderate rupture hazard, while a large zone of high rupture hazard intersects the northern portion of Town. The Public Record indicates only small portions of northern, central and southern Los Gatos lie outside of fault rupture areas.

The project will comply with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law and by the Town of Los Gatos under Chapter 12.2 of Division 1 of Title 2 of the Government Code.

12.a.vi. Aerial Photograph – Provide an aerial photograph showing existing environmental site features subject to regulation by a public agency, including creeks and wetlands.

See Attachment 5 (Record Boundary Exhibit & Aerial Photograph). The Project site does not contain any creeks, wetlands or other environmental site features subject to regulation by a public agency.

12.d. Recorded Public Easements – Does the project site contain any recorded public easements, such as easements for storm drains, water lines, electricity, and other public rights-of-way? The Project site does not contain any recorded public easements such as easements for storm drains, water lines, electricity and other public rights-of-way. However, the Project site contains the following public restrictions and private easements for water, road and sewer purposes:

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Attachment 2 to SB 330 Preliminary Application
50 Los Gatos-Saratoga Road, Los Gatos
3 2023-06-21

1. An easement for water pipe lines and aqueducts and incidental purposes, recorded May 25, 1870 in Book 18 of Deeds, Page 88, between John Goldsworthy et al. and San Jose Water Company.

2. The fact that the ownership of said land does not include any right of ingress or egress to or from the highway contiguous thereto, said rights have been condemned by final decree of condemnation, a certified copy of which was recorded March 08, 1955 in Book 3108,

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3. A waiver of any claims for damages by reason of the location, construction, landscaping or maintenance of a contiguous freeway, highway, roadway or transit facility as contained in the document recorded March 17, 1955 as Book 3117, Page 135 of Official Records.

4. The terms and provisions contained in the document entitled "Agreement" for road and sewer purposes, recorded November 05, 1957 as Book 3930, Page 579 of Official Records, between Joseph Moucressey et al. and Milton K. Lepetich et al.

5. The fact that the land lies within the boundaries of the Central Los Gatos Redevelopment Project Area, as disclosed by the document recorded December 05, 1991 as Book L955,

Page 1734 ends

6. The terms, provisions and easement(s) contained in the document entitled "Grant of Easement" recorded November 07, 2012 as Document No. 21942580 of Official Records, by and between Los Gatos Lodge LLC and San Jose Water Company.

For further detail, please see Attachment 5 (Record Boundary Exhibit and Aerial Photograph).

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777 S. California Avenue, Palo Alto, CA 94304 phone 650.857.0122 fax 650.857.1077 SHHomes.com June 30, 2023

VIA ELECTRONIC MAIL
Joel Paulson
Community Development Director
Town of Los Gatos
110 E. Main Street
Los Gatos, CA 95030
[email protected]
Re: SB 330 Preliminary Application
50 Los Gatos-Saratoga Road, Los Gatos
APN 529-24-001, -003 & -032
Dear Mr. Paulson:

Thank you for the collaboration the Town of Los Gatos has extended to us through your Department regarding our inquiries in connection with our proposed development project at 50 Los Gatos-Saratoga Road.

SummerHill Homes hereby submits a Preliminary Application for a proposed housing development project at 50 Los Gatos-Saratoga Road. This letter and the enclosed information constitute the submittal materials required to satisfy the application checklist for a Preliminary Application under Government Code section 65941.1(a). We have been told by the Planning Department that no permit processing fee is due for Preliminary Applications submitted on or before June 30, 2023.

SummerHill proposes to develop 158 new three-story for-sale townhouses on a portion of an approximately

8.81-acre tract of land (APN 529-24-001, -003 & -032), with associated amenities, landscaping, private streets, utilities and other infrastructure improvements. The living area of the townhouses will range from approximately 1,270 to 2,230 square feet, with a total living area of approximately 282,930 square feet.

Each townhome will have assigned parking, either in an attached garage or in a shared parking area. The boundaries of the individual townhomes will be established through a condominium plan, and the community will be governed by a professionally managed homeowners association. SummerHill will work with the Town to modify or refine the proposed architectural style through the design review process.

SummerHill intends to designate 20 percent of the townhomes in the Project for lower income households.

As a result, the Project is a housing development project protected by the provisions of the Housing Accountability Act (Gov. Code § 65589.5), including without limitation the provisions of Section 65589.5(d)(5). (The Project does not fall within the provisions of Section 65589.5(d)(1) through (4).) The Project is also entitled to the benefits of the State Density Bonus Law (Gov. Code § 65915 et seq.).

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Joel Paulson
Community Development Director
June 30, 2023

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The Project site is designated as Mixed Use in the Town’s currently applicable 2020 General Plan and is zoned CH (Restricted Commercial Highway) with a PD (Planned Development) overlay. SummerHill anticipates that the Project may require City approval of a vesting tentative subdivision map, a conditional use permit, and architecture and site approval, with review generally limited to compliance with applicable objective development standards in effect as of the date of this Preliminary Application and applicable state and federal law. SummerHill also may use the benefits available under the State Density Bonus Law, as preliminarily outlined in the enclosed materials (subject to refinement as the Project application proceeds).

SummerHill intends to submit a full application for all required entitlements within 180 days of this Preliminary Application.

SummerHill is excited to work with the Town to provide much needed housing for the community. We have met individually with members of the Town Council about the Project, and we appreciate the comments and observations that we’ve received. We would be happy to discuss the Project with you further. Please let us know if you have any questions.

Sincerely,
John Hickey
Vice President of Development
cc: Los Gatos Planning Department ([email protected]) Kevin Ebrahimi, Senior Vice President of Development
Keet Nerhan, Los Gatos Lodge, LLC
David J. Bugatto, The Bugatto Group, Inc.

Attachments:

SB 330 Preliminary Application Checklist & Form

1. Property Owner Information and Consent

2. Supplemental Responses

3. ALTA/ACSM Land Title Survey

4. Site Plan & Elevations

5. Record Boundary Exhibit & Aerial Photograph

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TOWN OF LOS GATOS

COMMUNITY DEVELOPMENT DEPARTMENT

PLANNING DIVISION
(408) 354-6872 Fax (408) 354-7593
July 6, 2023
John Hickey, Vice President of Development
SummerHill Homes LLC
777 California Avenue
Palo Alto, CA 94304-1179
Via email
RE: 50 Los Gatos-Saratoga Road
Senate Bill 330 Preliminary Application PRE23-00824
Preliminary Application Under Senate Bill (SB) 330 for Construction of a Residential Development (158 Residential Units) on Property Zoned CH:PD. APNs 529-24-001, -003, and -032.

PROPERTY OWNER: Keet Nerhan. APPLICANT: John Hickey, SummerHill Homes LLC.

Thank you for submitting your SB 330 preliminary application for a proposed project at 50 Los Gatos-Saratoga Road. The preliminary application materials were received on June 30, 2023.

The preliminary application has been determined to be compliant with the submittal requirements of California Government Code §65941.1 (a) and is deemed submitted as of July 6, 2023. Your submittal invokes Government Code Section 65589.5(d)(5). Please note that the Town adopted its Housing Element on January 30, 2023.

Pursuant to California Code §65941.1 (d)(1), a formal application for development must be submitted within 180 calendar days after submitting a preliminary application with all the required information. The formal application must be received no later than January 2, 2024.

If a formal application is not received within 180 days, this preliminary application is considered expired.

The Town looks forward to receiving your formal application.

Best regards,
Jennifer Armer, AICP
Planning Manager
[email protected]
(408) 399-5706
cc: David Bugatto, The Bugatto Group, Inc., Owner Representative

CIVIC CENTER
110 E. MAIN STREET
LOS GATOS, CA 95030

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EXHIBIT B

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4860-2020-1565 v1 1
North 40 Phase II – SB 330 Pre-Application

8. Affordable Housing Incentives, Waivers, Concessions and Parking Reductions – Will the project proponent seek Density Bonus incentives, waivers, concessions, or parking reductions pursuant to California Government Code Section 65915?
The Project proponent will seek bonus units, incentives or concessions, waivers, and parking reductions pursuant to the State Density Bonus Law (Gov. Code § 65915). The Project is designated for 461 units in the Town’s adopted Housing Element, which equates to a density of approximately 30 dwelling units per acre (du/ac). The Project is consistent with the density specified in the Housing Element, as it proposes 437 units on the 15.3-acre project site for a gross density of 28.6 du/ac and a net density of 33.36 du/ac, assuming a 13.1 acres developable site after removing area for roadway widths. With the bonus units the Project is eligible for under the State Density Bonus Law, the Project is consistent the Town’s density limit established in the Housing Element.

As explained elsewhere in this Preliminary Application, the Project will dedicate 88 of its 437 units, twenty percent of the total, as units that will be sold or rented to lower income households, as defined in Section 50079.5 of the Health and Safety Code at a monthly cost that does not exceed 30 percent of 60 percent of the area median income. By providing this level of affordability, the Project is entitled to the following benefits under State Density Bonus Law:

A density bonus of 35% above the otherwise maximum allowable residential density (Gov.

Code § 65915(f)(1);
Two incentives or concessions (Gov. Code § 65915(d)(2)(B); for purposes of the State Density Bonus Law, the terms “incentives” and “concessions” are interchangeable, and this summary will use “concession” going forward);
Waivers or reductions for “any development standard that will have the effect of physically precluding the construction of a development” that provides enough affordable housing to qualify for the State Bonus Law (Gov. Code § 65915(e)); and Minimum parking requirements, inclusive of guest parking and including paring provided in uncovered or tandem spaces, that do not exceed the following ratios:
o Zero to one bedroom: one onsite parking space
o Two to three bedrooms: one and one-half onsite parking spaces o Four and more bedrooms: two and one-half parking spaces (Gov. Code § 65915(p)).

As detailed below, the Project proponent will request to use the State Density Bonus Law’s bonus units, concessions, waivers, and parking reduction benefits to allow the development of the Project as proposed. The discussion below is intended to identify anticipated State Density Bonus Law requests in connection with the Preliminary Application; further discussion and analysis will be provided in connection with the Project’s formal development application. In addition, although the discussion below is complete for purposes of the anticipated State Density Bonus Law requests at this time, the Project proponent reserves the right to modify the request to include different or additional concessions and waivers if needed to address additional, applicable development standards.

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Bonus Units
The Housing Element establishes a base density of approximately 30 du/ac. Applied to the 13.1 net acres of the Project site, this would result in 393 units. The 35% density bonus entitles the Project to up to 530 units. The Project proposes 437 units, well within the density permitted by the Housing Element and State Density Bonus Law.

Concessions

1. Allow residential uses on the ground floor of buildings. Section 2.5.10c of the North 40 Specific Plan prohibits residential uses on the ground floor of buildings in the Northern District, which covers the Project site. Because the Housing Element designates the Project site as a site that is suitable for very low, low-, or moderate-income households at a residential density of 30 du/ac, inconsistency with this zoning standard is not a basis to deny the Project under Government Code section 65589.5(d)(5)(A). Accordingly, we do not believe that this standard is applicable to the Project. However, to the extent it applies, the Project proponent requests a concession to allow residential uses on the ground floor of buildings. Although portions of the Project incorporate commercial elements, it is not financially feasible to develop commercial spaces in the ground floor of all the buildings on the Project site. Therefore, eliminating this development standard will result in cost savings to help provide the level of affordability proposed.

2. Relief from Intersection Improvement Standards. Section 4.6 of the North 40 Specific Plan calls for the first developer in the Northern District of the Specific Plan Area to improve the Los Gatos Boulevard/Samaritan Drive/Burton Road intersection by converting the existing eastbound lane on Burton Road to a through/left turn lane, adding one dedicated eastbound left turn lane and one eastbound right turn lane on Burton Road at Los Gatos Boulevard (including widening Burton Road for about 200 feet west from Los Gatos Boulevard), and making Burton Road a through road. Although the Project proponent would be the first developer in the Northern District of the Specific Plan Area, the improvements require expanding the right-of-way over property that the Project proponent does not own or control, and the Project proponent proposes to limit Burton Road to emergency vehicle access only. Accordingly, eliminating this development standard will result in cost savings by removing the need to acquire additional land for intersection improvements; moreover, by limiting Burton Road to EV access, there is no longer a need to implement the intersection improvements previously identified.

Waivers

1. Increased Maximum Height. Section 2.5.2 of the North 40 Specific Plan sets a maximum building height of 30 feet across the Project site. The Project requires a waiver to allow the Affordable Multifamily units to achieve a maximum height of 60 feet, the Townhome units to achieve a maximum height of 37 feet, and the Mixed-Income Multifamily units to achieve a maximum height of 94 feet. The Specific Plan’s development standards do not accommodate the Project’s proposed density of 28.6 du/ac, which is allowed pursuant to

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4860-2020-1565 v1 3
the adopted Housing Element. Increased height is necessary for each proposed building typology to accommodate the proposed unit count and necessary parking facilities across the Project site.

2. Modified Street Sections. Section 4.13.3 of the North 40 Specific Plan defines a 40’ road section for Section 6d of North A Street with two 12’ drive lanes and two 8’ parking lanes.

The Project proposes wider sidewalks, bicycle lanes, and reduced lane widths; accommodating all of the proposed facilities in the street would require additional right of way that would reduce the amount of developable area for buildings, resulting in a lower unit count. Therefore, the Project proponent requests a waiver from the required street section dimensions.

3. Deviations from Objective Design Standards. The Town adopted “Objective Design Standards for Qualifying Multi-Family and Mixed-Use Residential Development” that applies to multi-family and residential mixed-use developments. The Standards provide that these standards are only to be used for review of qualifying projects where Town review, approval, and/or denial is limited to only objective design standards. For projects that will proceed through the standard review process, the objective design standards would not apply. The Project has been designed to comply with as many of the objective design standards as feasible while meeting the unit count called for in the Housing Element; however, to physically fit the Project as designed at the density allowed, the following standards must be waived:
o A.2. Short-Term Bicycle Parking requirements cannot be accommodated for residential uses while maintaining adequate space for buildings and open space. o 3.4.e: dimensions of long-term bicycle spaces are proposed to be accommodated with stacked parking to save space for residential units. o A.11.1.b: The Affordable Multifamily building cannot accommodate balconies and cannot meet the private open space requirements while maintaining the unit count; the Mixed-Income Multifamily building can accommodate balconies on only 50% of the units
o A.12.1: The Townhomes deviate from the continuous frontage requirement o B.1.2: Upper story stepbacks reduce the residential unit count o B.4.3: The Affordable Multifamily Building cannot reach 16 points through streetfacing façade plan variation while maintaining its unit count o B.4.5: The Townhomes do not change materials at the inside corners o B.4.11: The Mixed-Income Multifamily Building’s balconies extend into the airspace beyond the building footprint
Parking Reduction
Based on the bedroom count for the proposed residential units, Section (p)(1) of the State Density Bonus Law requires 592 parking spaces for the Project’s 437 units. Section 2.5.8 of the North 40 Specific Plan requires 50 additional spaces for the Project’s commercial uses, for a total of 642 spaces. The Project proposes 730 parking spaces, which satisfies the applicable parking requirements.

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TOWN OF LOS GATOS

COMMUNITY DEVELOPMENT DEPARTMENT

PLANNING DIVISION
(408) 354-6872 Fax (408) 354-7593
April 18, 2023
Steve Buster
Grosvenor USA Limited
One California Street, Suite 3000
San Francisco, CA 95032
Via email
RE: 14859 Los Gatos Boulevard
Senate Bill 330 Preliminary Application PRE23-00472
Preliminary Application Under Senate Bill (SB) 330 for Construction of a Mixed-Use Development (437 Residential Units) on Property Zoned North Forty Specific Plan.

APN 424-07-009, -053, -081, -094, -095, -115, and -116.

PROPERTY OWNER: Yuki Farms, LLC
APPLICANT: Steve Buster, Grosvenor USA Limited
Thank you for submitting your SB 330 preliminary application for a proposed project at 14859 Los Gatos Boulevard. The preliminary application materials were received on April 17, 2023.

The preliminary application has been determined to be compliant with the submittal requirements of California Government Code §65941.1 (a) and is deemed submitted as of April 18, 2023.

If a formal application is not received within 180 days, this preliminary application is considered expired.

The Town looks forward to receiving your formal application.

Best regards,
Jennifer Armer, AICP
Planning Manager
[email protected]
(408) 399-5706
cc: Don Capobres, Harmonie Park Development Group LLC

CIVIC CENTER
110 E. MAIN STREET
LOS GATOS, CA 95030

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N:\DEV\PLANNING PROJECT FILES\Los Gatos Boulevard\14859\PRE23-00472 (SB 330 Preliminary App)\Los Gatos Boulevard, 14859 - Deemed Submitted - 04-18-23.docx

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Los Gatos Planning
Commissioners:

Jeffrey Barnett, Chair
Steve Raspe, Vice Chair
Susan Burnett
Melanie Hanssen
Kathryn Janoff
Emily Thomas
Town Manager: Laurel Prevetti
Community Development
Director:

Joel Paulson
Town Attorney: Gabrielle Whelan
Transcribed by: Vicki L. Blandin
(619) 541-3405
ATTACHMENT 6

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LOS GATOS PLANNING COMMISSION 8/23/2023
Item #5, Amend General Plan Land Use Designation
of 16492 Los Gatos Boulevard from Low Density
Residential to Neighborhood Commercial
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P R O C E E D I N G S:

CHAIR BARNETT: We’ll now move on to Item 5 on the
agenda tonight in which we are asked to forward a
recommendation to the Town Council on a Request to Amend the General Plan Land Use Designation of 16492 Los Gatos Boulevard and Assessor Parcel Number 532-07-086 from Low Density Residential to Neighborhood Commercial; Amend the General Plan Land Use Designation of Caltrans Right-of-Way Adjacent to 14685 Oka Road from Low Density Residential to Medium Density Residential and from R-1:8 to R-M:14-22, and apply the Housing Element Overlay Zone to allow for
increase in allowable density, height, floor area ratio, and lot coverage to the sites included in the Sites
Inventory Analysis of the 2023-2031 Housing Element. I will incorporate by reference the APNs and addresses from page 4 of the agenda related to Item 5.

Staff reports that an Environmental Impact Report
was prepared and certified for the 2040 General Plan Update on June 30, 2022 that no further analysis is required, and included in the proposed General Plan Amendment.

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This is Zoning Code Amendment Application Z-23-
003 and General Plan Amendment Application GP-23-003.

Applicant is the Town of Los Gatos. Commissioner Thomas.

COMMISSIONER THOMAS: I wanted to confirm that
even if we live near these properties that I can still be here. I live near Los Gatos Boulevard. I’m on the Housing Element Advisory Board and have been able to provide
feedback there, but I just wanted to make sure. I can also make a disclosure that I’m able to make decisions and
recommendations.

ATTORNEY WHELAN: If I remember correctly, the
FPPC rule is a regulation would affect 25% of the
properties within the Town and one person voting on that decision doesn’t impact their financial interest.

COMMISSIONER THOMAS: I’m assuming that these
types of decisions would impact a lot of us. We wouldn’t have a lot of people left to make recommendations because it’s such a wide space, but I’m happy to recuse myself to be safe.

ATTORNEY WHELAN: What I can do is I can review
the FPPC regulations while the Commission takes public
comment.

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LOS GATOS PLANNING COMMISSION 8/23/2023
Item #5, Amend General Plan Land Use Designation
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COMMISSIONER THOMAS: Should I step out still, or
no?
ATTORNEY WHELAN: No.

CHAIR BARNETT: So is there a Staff Report on
Item 5?
JOCELYN SHOOPMAN: Yes, there is. The process for
the item this evening will include holding a public
hearing, asking questions of Staff, receiving public
comment, and a recommendation by Staff to continue the item to a date certain of September 13, 2023.

A six-cycle Housing Element includes
implementation programs and involves amendments to the
General Plan and the rezoning of parcels within the Town to allow for modified development standards to provide the development capacity required by State law and the Town’s Regional Housing Needs Allocation.

On July 20th at a special meeting the General Plan
Committee reviewed the requests and recommended approval of the General Plan Amendments to the Planning Commission and the Town Council.

Implementation Program BG of the Housing Element
proposes the following actions: Amendments to the General Plan Land Use Designation of 16492 Los Gatos Boulevard on

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LOS GATOS PLANNING COMMISSION 8/23/2023
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Assessor Parcel Number 532-07-086 from Low Density
Residential to Neighborhood Commercial, as well as the
Caltrans Right-of-Way that is adjacent to 14685 Oka Road from Low Density Residential to Medium Density Residential.

Implementation Program BF of the Housing Element
also proposes the following action: Rezone the Caltrans Right-of-Way adjacent to 14685 Oka Road from R-1:8 to RM:14-22.

Lastly, the Commission will consider a request to
apply the Housing Element Overlay Zone to the sites only included in the Sites Inventory of the Town’s Housing
Element.

The Draft Zoning Code Amendments for the Housing
Element Overlay Zone shown here were considered under Item 4 of this evening’s agenda, but would apply the development standards listed in Table 1A to sites listed in the Sites Inventory.

Staff recommends that the Planning Commission
continue the item to a date certain of September 13, 2023 and at the next meeting make a recommendation of approval to the Town Council for the requests detailed in the Staff Report.

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There was an Addendum and Desk Item report
provided to the Commission with additional public comments that were received.

This completes Staff’s presentation. We are
available for any questions.

CHAIR BARNETT: Thank you for that report, and
I’ll ask my fellow commissioners if they have questions? Commissioner Hanssen.

COMMISSIONER HANSSEN: I asked this question
because it came up during the General Plan and Housing
Element Advisory Board meetings recently, and we’ve been getting continued public comments on this.

While we’re not making a recommendation tonight
on Item 5, which includes the sites and the Sites
Inventory, when the discussion happened at the General Plan Committee there were a lot of people that spoke against certain properties that in the Sites Inventory. My
understanding was that the Housing Element Advisory Board recommended the Sites Inventory, and the Planning
Commission approved it as well as the Town Council. The question is as part of this process, when we do make the recommendation on September 13th, are we supposed to be considering taking sites in and out of the Sites Inventory?

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JENNIFER ARMER: Thank you for that question.

I’ll start, and then it may be that other Staff has
additional thoughts.

The recommendation from Planning Commission could
include recommendations changing what sites this would
apply to. One caution is that we at the General Plan
Committee meeting did hear concerns from neighbors of the Caltrans site that was mentioned here in particular, and then this evening we’ve already heard concerns from a
neighbor for the Alberto Way site, and so the concern is that too many of those sites be removed and then additional sites would need to be added at a later date, and we are trying to get this zoning done as required by the Housing Element.

COMMISSIONER HANSSEN: Thank you for that, and
that was the answer that we had in the General Plan
Committee meeting, and there probably aren’t any sites in the Sites Inventory that someone isn’t going to be unhappy about. That being said, we’re not going there tonight, but I wanted to bring that up since we’ve already gotten
comments tonight.

CHAIR BARNETT: Thank you for that input. Other
comments by Commissioners? Commissioner Burnett.

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COMMISSIONER BURNETT: Thank you. I have a
question for Staff. There is some question about three
sites that are under discussion about the number of units that really are available to the Town, the three SB 330 sites. I’m concerned if we vote for this, which I feel
would be a good thing, although I’m concerned about those three sites because I’m not sure if by voting for it, since there is controversy about three of the major sites, how does that impact voting for it? Because there is some
question on the numbers. For my own interest, I’m a little confused on it. Thank you.

JENNIFER ARMER: Thank you, Commissioner, for
that question. My understanding is based on some of the public comment that we’ve received that is concerned about some of the preliminary applications that that Town has received under the senate bill SB 330.

We did have a conversation with Town Council last
week and will have future meetings with Town Council about some of these State laws and how they affect development in the Town. What I can share this evening in relation to this process is that when we are looking at the Sites Inventory we want to make sure that we are not running into what’s called “no net loss,” that that actually comes into effect

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once we get to a decision point on a development project.

It’s not something that’s triggered at a preliminary
application stage, it’s something that the Town would need to resolve within six months of a decision of a project.

At this point Staff’s recommendation is to
proceed with the Sites Inventory as currently developed, but as these future applications come forward, that will be part of the discussion at those times, because by the time those projects do move forward we don’t know what other applications might have come forward and whether there
really will be a no net loss problem at that time.

COMMISSIONER BURNETT: Thank you. I was just
concerned about our latest comment from the Los Gatos
Community Alliance letter.

JENNIFER ARMER: Thank you, and I can add that
Staff will continue to work with our consultants and in our conversations with HCD to confirm whether modifications are recommended.

CHAIR BARNETT: That covered the question. Other
questions of Staff? If not, we’ll open the public portion of the public meeting and invite comments from members of the public, and we have one card from Mr. Rosenfeld.

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MARK ROSENFELD: Thank you for the opportunity to
address you. My name is Mark Rosenfeld; I live at 449
Alberto Way, and I did want to speak on the proposal to build right now at 405 Alberto Way. We’ve already had
somebody from our community talk to you about this and I may reiterate a few things that she has said, but I think it’s really important to talk about it.

The proposal is for two buildings, a total of 60
units, and the buildings are going to be 50’ tall. They’re going to be three stories plus a garage unit, which is
basically on the ground level. Those will incorporate 114 parking spaces, or two parking spaces for each unit, and only 12 guest spaces for all of the 60 units.

Our community on Alberto Way consists of twostory condos and townhomes. The proposal is extremely out of character with our neighborhood. We’ve looking at two buildings that are at least 50’ tall.

Also, parking on Alberto Way is already bumperto-bumper in the evening. You can’t find any parking spaces at all, and now there will only be 12 parking spaces
planned for guests for 60 units.

Another thing that was mentioned, which I think
is the most important thing, is that Alberto Way is

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basically a dead end street. In the event of an evacuation there is only one exit for everybody who lives on that
street. We have 110 units in our development on Alberto Way in addition to all of the townhouses and other condos that are on that street. In other words, from what we have
you’re potentially adding 114 cars to get out if we need to evacuate.

Just to remind you, the Camp Fire in California
in 2018 took only four hours to spread, and the Lahaina Fire, which we just saw, spread at a mile a minute, so I think the Town really needs to provide the residents of Alberto Way with a viable evacuation plan before you can even consider anything additional to be built there. Thank you very much.

CHAIR BARNETT: Thank you, Mr. Rosenfeld. Are
there questions for the speaker? I don’t see any. Thank you for your comments tonight. We also have Lee Quintana again on Item 5.

LEE QUINTANA: I’m beginning to think I sound
like a broken record, but there is such an interconnection between Item 4, which you already passed, and Item 5 and what’s going on at the Housing Element Advisory Board that it makes my head spin, because each one is going along a

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different path at a different time, not considering what’s happening at each one, and I say that for several reasons.

One, when you read the report for tomorrow
night’s meeting you’re going to be discussing certain
things. There has been a lot of progress made in certain areas, but my reading of the report indicates that there are still sections of the Sites Inventory which may be a problem and will probably, in my estimation, result in need for changes in numbers, so we’re getting ahead of ourselves in what is actually happening, or will end up happening, being recommended for approval, probably. There are still so many ifs.

One thing that I noticed in the Addendum on this
item is that one of the applications for SB 30 discusses the fact that the recommended approval of the Overlay
Densities and Standards will in fact not be able to
accommodate the 30 units per acre density that’s required.

So again, are we making a mistake by approving that and not considering what standards really need to be to accommodate those densities and the other requirements?
It seems to me when I deal with this project I
always feel like I’m chasing a moving target and I can’t keep up, and every time I understand one thing all of a

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sudden I turn around and it or something else has been
changed that affects what was just changed or decided upon.

So I ask you to please take that into consideration and not make it any more complicated than it needs to be.

CHAIR BARNETT: Thank you, Ms. Quintana.

Questions for the speaker? I don’t see any. Anyone on Zoom, Mr. Paulson.

JOEL PAULSON: Yes, thank you, Chair. Declan, I’m
unmuting you. You have three minutes to speak.

DECLAN: Okay, hi, guys. A lot of things have
been discussed tonight. I’m kind of new to figuring out the local stuff, but I’ve lived here for over 20 years, so I see the developments that have gone on locally across the street from me and in front of me with the hotel.

I just want to know and understand, and I don’t
think anybody who lives around here is being told about what really is the State mandated housing project and
overlay and all that stuff; it’s kind of like a vague fog that nobody is telling us, and now we’re fighting off
property owners across the street from developing their projects over the years, and now we’re onto something else and it keeps changing over the years and the place is a major eyesore.

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LOS GATOS PLANNING COMMISSION 8/23/2023
Item #5, Amend General Plan Land Use Designation
of 16492 Los Gatos Boulevard from Low Density
Residential to Neighborhood Commercial
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Can the Town please come down and talk to the
people who live right here on Alberto Way and explain to them what is going on? Why are we not being listened to? Or explained to on what’s going on with these State mandates? And why we are being segregated out versus the wealthy
people living up in the hills who have multi-million acres of land and property versus oh, let’s go down and take care of the little people on the street and suffer them and push them into having to have multi-million dollar high-rises beside them. I’m not sure what’s going on, but can somebody explain that to me? I would love to know.

CHAIR BARNETT: Thank you, Declan. Unfortunately,
we’re not able to respond to questions, but we very much appreciate your input, and I’ll ask if any Commissioners have questions for you? I don’t see any. Thank you very much for your input, sir. I don’t have any other cards and no one on Zoom.

We have a recommendation for a continuance, but
I’m going to ask Staff whether only new comments are to be accepted from members of the public rather than having
speakers speak twice?

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LOS GATOS PLANNING COMMISSION 8/23/2023
Item #5, Amend General Plan Land Use Designation
of 16492 Los Gatos Boulevard from Low Density
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ATTORNEY WHELAN: Speakers can speak once on an
agenda item, and so any speaker who spoke tonight will not be speaking at the next meeting.

CHAIR BARNETT: Okay, thank you. I think we’re
ready to close the public portion of the public hearing and ask Commissioners if they have any questions for Staff, or wish to comment at this time, or make a motion as
recommended for a continuance to September 13th?
Commissioner Janoff.

COMMISSIONER JANOFF: I move that we continue
this item to September 13th.

CHAIR BARNETT: Thank you. Second? Commissioner
Hanssen.

COMMISSIONER HANSSEN: I second the motion.

CHAIR BARNETT: Any discussion? If not, raise
your hand, please, if you are in support of the motion. It passes unanimously. Thank you very much.

I assume again that there are no appeal rights,
is that correct?
JENNIFER ARMER: Correct.
(END)

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TOWN OF LOS GATOS

PLANNING COMMISSION
REPORT
MEETING DATE: 09/13/2023
ITEM NO: 2
DATE: September 8, 2023
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Forward a Recommendation to the Town Council on a Request to Amend the General Plan Land Use Designation of 16492 Los Gatos Boulevard and Assessor Parcel Number (APN) 532-07-086 from Low Density Residential to Neighborhood Commercial; Amend the General Plan Land Use Designation of Caltrans Right-of-Way Adjacent to 14685 Oka Road from Low Density Residential to Medium Density Residential and from R:1:8 to R-M:14-22; and Apply the Housing Element Overlay Zone to Allow for Increases to the Allowable Density, Height, Floor Area Ratio, and Lot Coverage to the Sites Included in the Sites Inventory Analysis of the 2023-2031 Housing Element:

APN’s 424-06-116, 424-07-116, 424-08-029, 424-08-058, 424-08-059, 424-08- 060, 424-08-074, 529-24-001, 529-24-003, and 532-07-085; 401 through 409 Alberto Way; 620 and 14000 Blossom Hill Road; 16210, 16240, 16245, 16250, 16260, and 16270 Burton Road; Cal Trans Right-of-Way Adjacent to 14685 Oka Road; 110 and 206 Knowles Drive; 445 Leigh Avenue; 440 Los Gatos Almaden Road; 16603 Lark Avenue; 14823, 14831, 14849, 14859, 14917, 14925, 15300, 15349, 15367, 15405, 15425, 15480, 15500, 15795, 16151, 16203, 16392, and 16492 Los Gatos Boulevard; 50 and 165 Los Gatos Saratoga Road; 61 Montebello Way; 14800 and 14840 Oka Road; 50 Park Avenue; 101 South Santa Cruz Avenue. An Environmental Impact Report (EIR) was Prepared and Certified for the 2040 General Plan Update on June 30, 2022, which Included the Proposed General Plan Amendments. No further Environmental Analysis is Required. Zoning Code Amendment Application Z-23-003 and General Plan Amendment Application GP-23-003.

Applicant: Town of Los Gatos.

ATTACHMENT 7

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PAGE 2 of 4
SUBJECT: General Plan Amendments, Re-Zonings, and Housing Element Overlay Zone/ Z-23-003 and GP-23-003
DATE: September 8, 2023
REMARKS:

On August 23, 2023, the Planning Commission held a public hearing, asked questions of staff, and received verbal public comment from those in attendance. Due to notice cards that were delayed in delivery, the Planning Commission continued the public hearing for any additional public comment on the item.

PUBLIC COMMENTS:

Public notification has included a legal ad in the paper, noticing property owners, tenants, and properties located within 300 feet of all the sites listed within the Town. The meeting has been publicized on the Town’s website and through the Town’s social media platforms. Public comments received between 11:01 a.m., Wednesday, September 23, 2023, and 11:00 a.m., Friday, September 8, 2023, are included in Exhibit 12.

CONCLUSION:

A. Summary
A request for approval of the following General Plan Amendments and Zone Changes:

1. Amend the General Plan to modify the land use designation of 16492 Los Gatos Boulevard and APN 532-07-086 from Low Density Residential to Neighborhood Commercial;

2. Amend the General Plan to modify the designation of the Caltrans right-of-way from Low Density Residential to Medium Density Residential;

3. A zone change for the Caltrans Right-of-Way Adjacent to 14685 Oka Road from R:1:8 to R-M:14-22; and

4. Application of the Housing Element Overlay Zone to the sites included in the Sites Inventory of the 2023-2031 Housing Element.

B. Recommendation
Based on the analysis above, staff recommends that the Planning Commission consider the existing and proposed General Plan Land Use designations and zoning and forward a recommendation for approval of the amendments to the Town Council. If the Planning Commission finds merit with the proposed amendments, it should:

1. Make the finding that no further environmental analysis is required (Exhibit 1);

2. Make the required finding that the General Plan amendments are internally consistent with the existing goals and policies of the General Plan and its elements, in that the

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PAGE 3 of 4
SUBJECT: General Plan Amendments, Re-Zonings, and Housing Element Overlay Zone/ Z-23-003 and GP-23-003
DATE: September 8, 2023
CONCLUSION (continued):
amendments will provide for the development of housing for the sites in the Sites Inventory to comply with the Town’s RHNA (Exhibit 1);

3. Make the required finding that the proposed zone changes are consistent with the General Plan and its elements in that the proposed zonings are consistent with the proposed General Plan land use designations (Exhibit 1); and

4. Forward a recommendation of approval of General Plan Amendment application GP-23-003 and Zone Change application Z-23-003 to the Town Council.

C. Alternatives
Alternatively, the Planning Commission can:

1. Continue the matter to a date certain with specific direction; or

2. Provide a recommendation for denial to the Town Council providing findings for denial.

EXHIBITS:

Previously Received with the August 23, 2023, Staff Report:

1. Draft Findings

2. Appendix D, Sites Inventory Analysis of the July 2023 Interim Working Draft Revised Housing Element

3. Appendix H, Sites Inventory Form of the July 2023 Interim Working Draft Revised Housing Element

4. Location Maps – 16492 Los Gatos Boulevard (Showing Existing and Proposed General Plan Designations)

5. Location Maps – Parcel 532-07-086 (Showing Existing and Proposed General Plan Designations)

6. Location Maps – Caltrans Right-of-Way (Showing Existing and Proposed General Plan Designations)

7. Location Maps – Caltrans Right-of-Way (Showing Existing and Proposed Zoning)

8. Location Maps – 2023-2031 Housing Element (Showing Existing and Proposed Zoning)

9. Draft Zoning Code Ordinance Amendments, Division 5. Housing Element Overlay Zone Previously received with the August 23, 2023, Addendum Report:

10. Public Comment received between 11:01 a.m., Friday, August 18, 2023, and 11:00 a.m., Tuesday, August 22, 2023.

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PAGE 4 of 4
SUBJECT: General Plan Amendments, Re-Zonings, and Housing Element Overlay Zone/ Z-23-003 and GP-23-003
DATE: September 8, 2023
EXHIBITS (continued):

Previously received with the August 23, 2023, Desk Item Report:

11. Public Comment received between 11:01 a.m., Tuesday, August 22, 2023, and 11:00 a.m., Wednesday, August 23, 2023.

Received with this Staff Report:

12. Public Comment received between 11:01 a.m., Wednesday, August 23, 2023, and 11:00 a.m., Friday, September 8, 2023.

Page 397 ends

From: John Bourgeois < >
Sent: Wednesday, August 23, 2023 11:50 AM
To: Planning <[email protected]>
Cc: Alex Granas < >
Subject: Item 5, Aug 23rd mtg
Dear Planning Commissioners,
I was made aware that you are amending the Land Use designation of multiple parcels as part of the new Housing Element Overly Zone approvals. This letter is specifically in reference to the parcel at 401- 409 Alberto Way.

While I completely understand the difficulty in finding parcels in Los Gatos appropriate to hit the State RHNA numbers, please ask staff to take a look at the PD for the restaurant across the street from this site. I distinctly remember that neighbors (myself included) were very concerned about parking when the restaurant was approved, and the compromise solution on that proposal was that the "new" office building across the street (which was never built) would provide additional parking in the evenings to alleviate street parking. This has obviously never occurred and the residents are in fact being impacted by overflow parking.

While we are happy for the success of the restaurant, it still does not alleviate the parking requirements. Prior to approval, I request that staff report on the relationship of any new development at 401-409 Alberto Way and the parking requirements of the restaurant across the street.

Thank you,
John Bourgeois
EXHIBIT 12

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LOS GATOS PLANNING COMMISSION 9/13/2023
Item #2, Housing Element Overlay Zone (HEOZ)
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A P P E A R A N C E S:

Los Gatos Planning
Commissioners:

Jeffrey Barnett, Chair
Susan Burnett
Melanie Hanssen
Kathryn Janoff
Emily Thomas
Town Manager: Laurel Prevetti
Community Development
Director:

Joel Paulson
Town Attorney: Gabrielle Whelan
Transcribed by: Vicki L. Blandin
(619) 541-3405
ATTACHMENT 8

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P R O C E E D I N G S:

CHAIR BARNETT: Now we’ll move on to the public
hearings portion of our meeting, beginning with Item 2. On this item we are asked to forward recommendations to the Town Council on the following four topics:

Amend the General Plan to Modify the Land Use
Designation of 16492 Los Gatos Boulevard and APN 532-07-086 from Low Density Residential to Neighborhood Commercial.

Second, Amend the General Plan to Modify the
Designation of the Caltrans Right-of-Way from Low Density Residential to Medium Density Residential.

Third, a Zone Change for the Caltrans Right-ofway adjacent to 14685 Oka Road from R-1:8 to R-M:14-22.

Finally, Application of the HEOZ to the sites
included in the Sites Inventory of the 2023-2031 Housing Element.

Per Staff an Environmental Impact Report was
prepared and certified for the 2024 General Plan Update on June 30th of last year, which included the proposed General Plan Amendments, and so per Staff no further environmental analysis is required.

The Amendment Application is Z-23-003 and General
Plan Amendment Application is GP-23-003. The Applicant is

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the Town of Los Gatos, and the specific parcels affected are identified on page 17 of the Staff Report.

Is there a Staff Report, Ms. Shoopman?
JOCELYN SHOOPMAN: There is. Thank you, and good
evening. Tonight’s item is a continuation from the August 23rd Planning Commission meeting.

The six-cycle Housing Element does include
implementation programs that involve amendments to the
General Plan and rezoning of parcels within the Town to allow for modified development standards to provide the development capacity required by State law and the Town’s Regional Housing Needs Allocation.

In summary, the Commission will be providing a
recommendation to the Council on the following General Plan amendments and zone changes:

The first being an amendment to the General Plan
to modify land use designation of 16492 Los Gatos Boulevard and the adjacent vacant parcel at APN 532-07-086 from Low Density Residential to Neighborhood Commercial.

Followed by an amendment to the General Plan to
modify the designation of the Caltrans Right-of-Way from Low Density Residential to Medium Density Residential, as well as a zone change from R-1:8 to R-M:5-12.

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Lastly is the application of the Housing Element
Overlay Zone to only the sites included in the Sites
Inventory of the Housing Element.

It was brought to Staff’s attention that the
density specified in Table 1A of Attachment 9 for the North Forty Specific Plan should state the minimum and maximum density range as described in the Housing Element. This edit will be incorporated with a future Staff Report to the Town Council.

This completes Staff’s presentation, but we are
available for any questions.

CHAIR BARNETT: Thank you very much, and are
there questions? Commissioner Thomas.

COMMISSIONER THOMAS: I just have a disclosure
that I live within 1,000’ of some of these parcels, and so I will be recusing myself.

CHAIR BARNETT: Understood, and you’ll wait
patiently outside chambers. We can now proceed. So there were no questions of Staff at this time, correct? We don’t have any speakers, so we’ll close the public portion of the public hearing on Item 2.

JENNIFER ARMER: Excuse me, Chair. Let’s check on
Zoom to make sure that we don’t have anyone who wishes to

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Item #2, Housing Element Overlay Zone (HEOZ)
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speak, and invite in case anyone in the audience would like to fill out a speaker card.

CHAIR BARNETT: Thanks for that reminder.

JOEL PAULSON: Thank you, Chair. I do not see any
hands raised for Item 2.

CHAIR BARNETT: All right, so we will now close
the public portion of the public hearing on Item 2 and ask if the Commissioners have any questions for Staff, wish to comment on the proposed recommendations, or introduce a motion regarding the recommendations for consideration by the Council? Commissioner Hanssen.

COMMISSIONER HANSSEN: Because this item was
continued from the last meeting I thought it was important to make a couple of comments about this.

The intent of these amendments and the zoning
change are to basically make our Housing Element possible in that the zoning and the land use densities are not high enough for us to meet our RHNA
At the last meeting we had approved the Housing
Element Overlay Zone, and what we’re doing is we’re
applying the HEOZ to only these specific sites that were in the approved Sites Inventory, and there are a couple of sites that, as mentioned by Staff, have to be adjusted to be able to apply the HEOZ, so that’s what we’re doing here,

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and it’s the second part of what we were doing in the last meeting, which was establishing the Housing Element Overlay Zone for the Site Inventory.

Commissioner Janoff and I are both on the General
Plan Committee and the Housing Element Advisory Board as well as Commissioner Thomas; we’ve seen this before, so that’s why we didn’t have any additional questions.

CHAIR BARNETT: Thank you. Other questions or
comments?
JENNIFER ARMER: Through the Chair, I believe the
Town Attorney had a recommendation once the Commission gets close to a motion.

ATTORNEY WHELAN: For this item, and actually for
the next item as well, the Staff recommendation is so
lengthy that rather than reading the Staff recommendation into the record, it would be fine for the maker of a motion to say that they’re moving for approval of the Staff
recommendation together with the findings that are set out in the agenda packet.

CHAIR BARNETT: Thank you for that. I had one
question. Can you describe how the referendum that’s passed interplays with the motion that we’re about to make?
JOCELYN SHOOPMAN: While the 2040 General Plan
Land Use Element did have increased densities, the

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implementation that’s part of the Housing Element is
proposing to take those densities but in a more focused way, so instead of Town-wide, those increased densities are being looked at for these specific sites only, so it’s a much more focused way to get to the Town’s RHNA.

CHAIR BARNETT: Thank you. I didn’t see any
further comments, so are we ready for a motion?
Commissioner Hanssen.

COMMISSIONER HANSSEN: I move that we recommend
the four General Plan amendments and zoning changes as
noted in the Staff Report on page 17. We’re forwarding this recommendation to our Town Council.

I can make the findings that no further
environmental analysis is required. I can make the required finding that the General Plan Amendments are internally consistent with the existing goals and policies of the
General Plan and its elements, and that the amendments will provide for the development of housing for the sites in the Sites Inventory to comply with the Town’s RHNA.

I can further make the required finding that the
proposed zone changes are consistent with the General Plan and its elements and that the proposed zonings are
consistent with the proposed General Plan land use
designations.

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We’re going to forward the recommendation of
approval for the General Plan Amendments and Zone Change Application to Town Council.

Do I need to add anything about the item that you
mentioned with the minimum and maximum density and the
table?
JENNIFER ARMER: You could include that as part
of your motion, if you would like.

COMMISSIONER HANSSEN: Since it wasn’t noted as
such in the Staff Report, we’ll include Staff’s adjustment in the motion.

CHAIR BARNETT: Thank you. Is there a second?
Commissioner Janoff.

COMMISSIONER JANOFF: Second the motion.

CHAIR BARNETT: Any discussion? If not, I’ll call
the question. Raise hands if you’re in favor of the motion.

It passes unanimously. I assume there are no appeal rights since it’s a recommendation, correct?
JENNIFER ARMER: That is correct. There are no
appeal rights.
(END)

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TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 10/03/2023
ITEM NO: 6

ADDENDUM
DATE: October 2, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Consider a Resolution to Amend the General Plan Land Use Designation of 16492 Los Gatos Boulevard and Assessor Parcel Number (APN) 532-07-086 from Low Density Residential to Neighborhood Commercial; Amend the General Plan Land Use Designation of Caltrans Right-of-Way Adjacent to 14685 Oka Road from Low Density Residential to Medium Density Residential; and Introduce an Ordinance Titled “An Ordinance of the Town of Los Gatos Amending the Zoning Code from R-1:8 (Single-Family Residential) To R-M (Multiple-Family Residential) for a Caltrans Right-of-Way Property Located Adjacent to 14685 Oka Road; and Apply the Housing Element Overlay Zone (HEOZ) to Provide for Increases to the Allowable Density, Height, Floor Area Ratio, and Lot Coverage for Residential Development on the Following Sites Included in the Sites Inventory Analysis of the 2023-2031 Housing Element:

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PAGE 2 OF 2
SUBJECT: General Plan Designation Amendment and Apply HEOZ/GP-23-003/Z-23-003 DATE: October 2, 2023
REMARKS:

In response to a Council Member request, a list of the properties in the Sites Inventory of the Draft Revised Housing Element has been provided in Attachment 9. This list shows how the application of the HEOZ will be applied to all sites through consideration of Items 6 through 9 of the October 3, 2023, Town Council Agenda.

Attachments Previously Received with the October 3, 2023, Staff Report:

1. Draft Resolution with Exhibit A

2. Draft Ordinance with Exhibit A

3. August 23, 2023 Planning Commission Staff Report (with Exhibits 1-9)

4. August 23, 2023 Planning Commission Addendum (with Exhibit 10)

5. August 23, 2023 Planning Commission Desk Item (with Exhibit 11)

6. August 23, 2023 Planning Commission Verbatim Minutes

7. September 13, 2023 Planning Commission Staff Report (with Exhibit 12)

8. September 13, 2023 Planning Commission Verbatim Minutes Attachment Received with this Addendum Report:

9. Properties in the Sites Inventory of the Draft Revised Housing Element

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ATTACHMENT 9
Housing Element Sites Inventory List
Housing Element
Sites Number Address Assessor Parcel Number
October 3, 2023,
Town Council
Agenda Item
A-2 101 S. Santa Cruz Avenue 52901022 9
A-3 165 Los Gatos Saratoga Road 52904083 6
B-1
50 Los Gatos Saratoga Road 52924032
52924001
52924003
7 C-1 15300 Los Gatos Boulevard 42417036 8
C-2
15349 Los Gatos Boulevard
15367 Los Gatos Boulevard
15405 Los Gatos Boulevard
42419049
42419048
42419069
8 C-3 15425 Los Gatos Boulevard 42419067 8
C-4 15795 Los Gatos Boulevard 52915059 6
C-5 16203 Los Gatos Boulevard 52916069 6
C-6
16492 Los Gatos Boulevard 53207086
53207085 6
C-7 16151 Los Gatos Boulevard 52916040 6
C-8 620 Blossom Hill Road 52916041 6
C-9
15480 Los Gatos Boulevard
15500 Los Gatos Boulevard
42414034
42414035 8
D-1
14859 Los Gatos Boulevard
16392 Burton Road
16260 Burton Road
16250 Burton Road
14917 Los Gatos Boulevard
14925 Los Gatos Boulevard
42407094
42407095
42407053
42407009
42407081
42407115
42407116
6 D-2
16245 Burton Road 42406115
42406116 6
D-3 16240 Burton Road 42407010 6
D-4 16270 Burton Road 42407052 6
D-5
16210 Burton Road
14831 Los Gatos Boulevard
42407054
42407063 6
D-6 14849 Los Gatos Boulevard 42407064 6
D-7 14823 Los Gatos Boulevard 42407065 6
E-1
14800 Oka Road
14800 Oka Road
16603 Lark Avenue
14840 Oka Road
42408057
42408029
42408059
42408060
42408058
42408017
42408021
6 E-2 Oka Lane 42408074 6

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E-3 Oka Road Cal Trans Right-of-Way N/A 6
F-1 110 Knowles Drive 42432077 6
F-2 206 Knowles Drive 42432076 6
G-1
440 Los Gatos Almaden Road
445 Leigh Avenue
52749048
52749049 6
H-1 14000 Blossom Hill Road 52732028 6
I-1 401-409 Alberto Way 52923018 7

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TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 10/03/2023
ITEM NO: 7
DATE: September 28, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Introduce an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos to Apply the Housing Element Overlay Zone (HEOZ) to Provide for Increases to the Allowable Density, Height, Floor Area Ratio, and Lot Coverage for Residential Development on the Following Sites Included in the Site Inventory Analysis of the 2023-2031 Housing Element: 401 through 409 Alberto Way, 50 Los Gatos-Saratoga Road, 529-24-001, and 529-24-003.” An Environmental Impact Report was Prepared and Certified for the 2040 General Plan Update on June 30, 2022, which Included the Proposed Zoning Code Amendments. No further Environmental Analysis is Required. Zoning Code Amendment Application Z-23-003. Applicant: Town of Los Gatos.

RECOMMENDATION:

Introduce an ordinance titled “An Ordinance of the Town Council of the Town of Los Gatos to Apply the Housing Element Overlay Zone (HEOZ) to Provide for Increases to the Allowable Density, Height, Floor Area Ratio, and Lot Coverage for Residential Development on the Following Sites Included in the Site Inventory Analysis of the 2023-2031 Housing Element: 401 through 409 Alberto Way, 50 Los Gatos-Saratoga Road, 529-24-001, and 529-24-003.” BACKGROUND:

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PAGE 2 OF 3
SUBJECT: Apply HEOZ to Alberto Way and Lodge Sites/GP-23-003/Z-23-003 DATE: September 28, 2023
BACKGROUND (continued):
years, rather than every 10 to 20 years, must address statutory requirements regarding its content, and is subject to mandatory review by HCD. The Town’s Regional Housing Needs Allocation (RHNA) for the sixth cycle planning period is 1,993 units.

On May 30, 2023, the Town received HCD’s findings/comment letter on the Revised Draft Housing Element. The findings/comment letter is in reference to the Town’s Housing Element submitted to HCD on March 31, 2023.

The Town continues to work with HCD to secure a certified Housing Element. The most recent information on the status of the ongoing Housing Element update process can be viewed online at: https://www.losgatosca.gov/1735/Housing-Element.

On August 23, 2023, the Planning Commission opened the public hearing on this item, heard public comments, and continued the item to September 13, 2023 (see Item 6 of the October 3, 2023, Town Council Agenda).

On September 13, 2023, the Planning Commission heard additional public comments, and made a recommendation to Town Council for approval (see Item 6of the October 3, 2023 Town Council Agenda).

DISCUSSION:

As described in more depth in the staff report materials for Item 6 of the October 3, 2023, Town Council Agenda, this item is the introduction of an ordinance to apply the Housing Element Overlay Zone to 401 through 409 Alberto Way, 50 Los Gatos-Saratoga Road, 529-24- 001, and 529-24-003.

PUBLIC COMMENTS:

Public notification has included a legal ad in the paper, noticing property owners, tenants, and properties located within 300 feet of all the sites listed within the Town. The meeting has also been publicized on the Town’s website and through the Town’s social media platforms. No comments have been received as of the preparation of this staff report.

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PAGE 3 OF 3
SUBJECT: Apply HEOZ to Alberto Way and Lodge Sites/GP-23-003/Z-23-003 DATE: September 28, 2023
ENVIRONMENTAL ASSESSMENT:

An Environmental Impact Report (EIR) was prepared and certified for the 2040 General Plan Update on June 30, 2022, which included the proposed Zoning Code amendments. No further Environmental Analysis is required.

CONCLUSION:

Staff recommends that the Town Council:

1. Make the finding that no further environmental analysis is required (Attachments 1);

2. Make the required finding that the proposed zone changes are consistent with the General Plan and its elements in that the proposed zone changes are consistent with the proposed General Plan land use designations (Attachment 1); and

3. Introduce an ordinance of the Town Council of the Town of Los Gatos, by title only, for Zone Change application Z-23-003 (Attachment 1).

ALTERNATIVES:

Alternatively, the Town Council may:

1. Continue this item to a date certain with specific direction to staff;

2. Refer this item back to the Planning Commission with specific direction; or Attachment:

1. Draft Ordinance with Exhibit A

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Ordinance October 3, 2023

DRAFT ORDINANCE

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS

TO APPLY THE HOUSING ELEMENT OVERLAY ZONE (HEOZ) TO PROVIDE FOR

INCREASES TO THE ALLOWABLE DENSITY, HEIGHT, FLOOR AREA RATIO, AND LOT

COVERAGE FOR RESIDENTIAL DEVELOPMENT ON THE FOLLOWING SITES INCLUDED

IN THE SITES INVENTORY ANALYSIS
OF THE 2023-2031 HOUSING ELEMENT:
401 THROUGH 409 ALBERTO WAY, 50 LOS GATOS-SARATOGA ROAD, 529-24-001, AND 529-24-003.

WHEREAS, the Town of Los Gatos’ Housing Element contains a sites inventory that identifies sites with the potential for redevelopment with housing; WHEREAS, the Town wishes to apply a Housing Element Overlay Zone to the sites identified in the sites inventory in order to encourage redevelopment with housing; WHEREAS, the Planning Commission met on August 23, 2023, to receive public comments;
WHEREAS, the Planning Commission received further public comments and recommended approval of the application of the Housing Element Overlay Zone to the sites identified in sites inventory of the Housing Element adopted on January 30th and the Revised Draft Housing Element at its regular meeting of September 13, 2023; WHEREAS, this matter was regularly noticed in conformance with State and Town law and came before the Town Council for public hearing on October 3, 2023; and WHEREAS, the Town Council accepted the report of the Planning Commission’s recommendation of approval for the proposed Zone Code amendments; and

NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS AS FOLLOWS:

SECTION I
The Town Council finds as follows:

A. No further Environmental Analysis is required as an Environmental Impact Report (EIR) was prepared and certified for the 2040 General Plan Update on June 30, 2022, which included the proposed Zone Code amendments; and
B. The zone changes are consistent with the General Plan and its elements in that the Draft Ordinance: subject to
modification by Town Council based on
deliberations and direction
ATTACHMENT 1

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Ordinance October 3, 2023
proposed zonings are consistent with the proposed General Plan land use designations; and
C. That all proceedings have been conducted in compliance with the provisions of Government Code Section 65850 et seq.; and
D. The Town Council considered all facts and information related to the proposal to apply the Housing Element Overlay Zone to the sites shown in Exhibit A.

SECTION II
The Housing Element Overlay Zone is hereby applied to the properties at 401 through 409 Alberto Way, 50 Los Gatos-Saratoga Road, APN Nos. 529-24-001, and 529-24-003 as shown in Exhibit A to this Ordinance.

SECTION III
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 3
rd day of October 2023, and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on the __day of ____ 2023. This ordinance shall take effect 30 days after the date it is adopted.

The Town Clerk shall cause this ordinance or a summary thereof to be published in accordance with Section 36933 of the California Government Code.

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________

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Ordinance October 3, 2023
ATTEST:

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________

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TOWN OF LOS GATOS
Application No.

Change of zoning map amending the Town Zoning Ordinance.

Zone Change
Prezoning
From:

To:

Z-23-003
Forwarded by Planning Commission
Approved by Town Council
Clerk Administrator
Date:

Mayor
Date:

Ord:
§ CH

CH-HEOZ
A.P.N. # 529-23-018, 529-24-032, 529-24-001, and 529-24-003 Address: 401 through 409 Alberto Way; 50 Los Gatos-Saratoga Road; and APNs 52924001 and 52924003

EXHIBIT A

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TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 10/03/2023
ITEM NO: 7

DESK ITEM
DATE: October 3, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Introduce an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos to Apply the Housing Element Overlay Zone (HEOZ) to Provide for Increases to the Allowable Density, Height, Floor Area Ratio, and Lot Coverage for Residential Development on the Following Sites Included in the Site Inventory Analysis of the 2023-2031 Housing Element: 401 through 409 Alberto Way, 50 Los Gatos-Saratoga Road, 529-24-001, and 529-24-003.” An Environmental Impact Report was Prepared and Certified for the 2040 General Plan Update on June 30, 2022, which Included the Proposed Zoning Code Amendments. No further Environmental Analysis is Required. Zoning Code Amendment Application Z-23-003. Applicant: Town of Los Gatos.

REMARKS:

Attachment 2 contains public comment received after 11:00 a.m. Monday, October 2, 2023, and before 11:01 a.m. on Tuesday, October 3, 2023.

Attachments Previously Received with the October 3, 2023, Staff Report:

1. Draft Ordinance with Exhibit A
Attachment Received with this Desk Item:

2. Public Comment Received Between 11:01 a.m. Monday, October 2, 2023, and 11:00 a.m., Tuesday, October 3, 2023

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From: Judy L < >
Sent: Monday, October 2, 2023 11:09 PM
To: Housing Element <[email protected]>
Subject: Comment for 10/3 Town Council Meeting, Item 7
Town Council,
I ask that you consider my family's concerns regarding 401-409 Alberto Way property. 1) Building height in CH zone is limited to 35' per Los Gatos Planning website, which applies to the 401- 409 Alberto Way property. The newest plan for this property is to build 4 floors, so that the building is 50'. Please consider building only 2 or 3 floors, so that the buildings meet the 35' limit. This will also keep the small town feel of Los Gatos, because the buildings will match other home properties on Alberto Way which are only 2 floors.
2) Have you considered working with the owner of the property at Los Gatos Blvd and Los GatosAlmaden Rd, near 15600 Los Gatos Blvd? The property no longer has an active business. Using this land to meet HCD requirements would be ideal. Future homeowners would be walking distance to businesses and thus more easily support the local economy. By using this land, you can decrease the number of units built on Los Gatos Lodge property and Alberto Way property and still meet State RHNA numbers.

Neighbors near Los Gatos Lodge and Alberto Way properties will be more agreeable to your plans. 3) Parking on Alberto Way is already very packed, especially in the evening with customers eating at Asa.

People are already parking in the red marked street spaces outside 405 Alberto. The street is also narrow, resulting in many cars traveling down Alberto and making U-turns in the middle of the street when they are unable to find parking. The proposed plan looks like it provides limited guest spots on the street which is going to cause even more congestion and fighting for spots. Overnight street parking is almost always full on the entire length of the street until reaching beyond Cuesta De Los Gato. Please provide solutions to this parking issues before building new units on Alberto Way and at Los Gatos Lodge.
4) Traffic at the Los Gatos Saratoga and Alberto intersection is crowded all the way up to Los Gatos Blvd, especially during morning and afternoon school hours as well as weekends due to beach traffic. How will this traffic intersection be improved to support the hundreds of people suddenly added to the area, when units at Los Gatos Lodge and 401-409 Alberto Way are added? I also agree with other Alberto Way residents who voiced their concerns at the Planning Commission Meeting on August 23, 2023 that with the current roads, emergency evacuations would be dangerous.

The Town should present a viable evacuation plan to residents of Alberto Way before new units are constructed. May I remind you that residents of Alberto Way include families with babies and toddlers and households with elderly.

Thank you,
Judy Lee
ATTACHMENT 2

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TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 10/03/2023
ITEM NO: 8
DATE: September 28, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Introduce an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos to Apply the Housing Element Overlay Zone (HEOZ) to Provide for Increases to the Allowable Density, Height, Floor Area Ratio, and Lot Coverage for Residential Development on the Following Sites Included in the Sites Inventory Analysis of the 2023-2031 Housing Element: 15300, 15349, 15367, 15405, 15425, 15480, and 15500 Los Gatos Boulevard.” An Environmental Impact Report was Prepared and Certified for the 2040 General Plan Update on June 30, 2022, which Included the Proposed Zoning Code Amendments. No further Environmental Analysis is Required. Zoning Code Amendment Application Z-23-003. Applicant: Town of Los Gatos.

RECOMMENDATION:

Introduce an ordinance titled “An Ordinance of the Town Council of the Town of Los Gatos to Apply the Housing Element Overlay Zone (HEOZ) to Provide for Increases to the Allowable Density, Height, Floor Area Ratio, and Lot Coverage for Residential Development on the Following Sites Included in the Sites Inventory Analysis of the 2023-2031 Housing Element:
15300, 15349, 15367, 15405, 15425, 15480, and 15500 Los Gatos Boulevard.” BACKGROUND:

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PAGE 2 OF 3
SUBJECT: Apply the HEOZ to 15300, 15349, 15367, 15405, 15425, 15480, and 15500 Los Gatos Boulevard/GP-23-003/Z-23-003
DATE: September 28, 2023
BACKGROUND (continued):
years, rather than every 10 to 20 years, must address statutory requirements regarding its content, and is subject to mandatory review by HCD. The Town’s Regional Housing Needs Allocation (RHNA) for the sixth cycle planning period is 1,993 units.

On January 30, 2023, the Town Council adopted the 2023-2031 Housing Element with modifications to the Sites Inventory, finding that it was in substantial compliance with State law.

Two of the Implementation Programs contained in the Housing Element adopted by Town Council are the basis for the items under consideration and described in further detail below.

The most recent information on the status of the ongoing Housing Element update process can be viewed online at: https://www.losgatosca.gov/1735/Housing-Element.

On September 13, 2023, the Planning Commission heard additional public comments, and made a recommendation to Town Council for approval (see Item 6 of the October 3, 2023, Town Council Agenda).

DISCUSSION:

As described in more depth in the staff report materials for Item 6 of the October 3, 2023, Town Council Agenda, this item is introduction of an ordinance to apply the Housing Element Overlay Zone to 15300, 15349, 15367, 15405, 15425, 15480, and 15500 Los Gatos Boulevard.

PUBLIC COMMENTS:

Public notification has included a legal ad in the paper, noticing property owners, tenants, and properties located within 300 feet of all the sites listed within the Town. The meeting has also been publicized on the Town’s website and through the Town’s social media platforms. No comments have been received as of the preparation of this staff report.

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PAGE 3 OF 3
SUBJECT: Apply the HEOZ to 15300, 15349, 15367, 15405, 15425, 15480, and 15500 Los Gatos Boulevard/GP-23-003/Z-23-003
DATE: September 28, 2023
ENVIRONMENTAL ASSESSMENT:

CONCLUSION:

Staff recommends that the Town Council:

1. Make the finding that no further environmental analysis is required (Attachments 1);

3. Introduce an ordinance of the Town Council of the Town of Los Gatos for Zone Change application Z-23-003 (Attachment 1).

ALTERNATIVES:

Alternatively, the Town Council may:

1. Continue this item to a date certain with specific direction to staff;

2. Refer this item back to the Planning Commission with specific direction; or

3. Take no action, leaving the General Plan and zoning designations unchanged.

Attachment:

1. Draft Ordinance with Exhibit A

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Ordinance October 3, 2023

DRAFT ORDINANCE

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS

TO APPLY THE HOUSING ELEMENT OVERLAY ZONE (HEOZ) TO PROVIDE FOR

INCREASES TO THE ALLOWABLE DENSITY, HEIGHT, FLOOR AREA RATIO, AND LOT

COVERAGE FOR RESIDENTIAL DEVELOPMENT ON THE FOLLOWING SITES INCLUDED IN THE SITES INVENTORY ANALYSIS OF THE 2023-2031 HOUSING ELEMENT:
401 THROUGH 409 ALBERTO WAY, 50 LOS GATOS-SARATOGA ROAD, 529-24-001, AND 529-24-003.

NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS AS FOLLOWS:

SECTION I
The Town Council finds as follows:

A. No further Environmental Analysis is required as an Environmental Impact Report (EIR) was prepared and certified for the 2040 General Plan Update on June 30, 2022, which included the proposed Zone Code amendments; and
B. The zone changes are consistent with the General Plan and its elements in that the Draft Ordinance: subject to
modification by Town Council based on
deliberations and direction

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SECTION III
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 3
rd day of October 2023, and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on the __day of ____ 2023. This ordinance shall take effect 30 days after the date it is adopted.

The Town Clerk shall cause this ordinance or a summary thereof to be published in accordance with Section 36933 of the California Government Code.

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________

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Ordinance October 3, 2023
ATTEST:

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________

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CHARLES ST

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TOWN OF LOS GATOS
Application No.

Change of zoning map amending the Town Zoning Ordinance.

Zone Change
Prezoning
From:

To:

Z-23-003
Forwarded by Planning Commission
Approved by Town Council
Clerk Administrator
Date:

Mayor
Date:

Ord:
§ CH

CH-HEOZ
A.P.N. # 529-23-018, 529-24-032, 529-24-001, and 529-24-003 Address: 401 through 409 Alberto Way; 50 Los Gatos-Saratoga Road; and APNs 52924001 and 52924003

EXHIBIT A

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TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 10/03/2023
ITEM NO: 9
DATE: September 28, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Introduce an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos to Apply the Housing Element Overlay Zone (HEOZ) to Provide for Increases to the Allowable Density, Height, Floor Area Ratio, and Lot Coverage for Residential Development on the Following Site Included in the Sites Inventory Analysis of the 2023-2031 Housing Element: 101 South Santa Cruz Avenue.” An Environmental Impact Report was Prepared and Certified for the 2040 General Plan Update on June 30, 2022, which Included the Proposed Zoning Code Amendments. No further Environmental Analysis is Required. Zoning Code Amendment Application Z-23-003. Applicant: Town of Los Gatos.

RECOMMENDATION:

Introduce an ordinance titled “An Ordinance of the Town Council of the Town of Los Gatos to Apply the Housing Element Overlay Zone (HEOZ) to Provide for Increases to the Allowable Density, Height, Floor Area Ratio, and Lot Coverage for Residential Development on the Following Site Included in the Sites Inventory Analysis of the 2023-2031 Housing Element: 101 South Santa Cruz Avenue.”
BACKGROUND:

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PAGE 2 OF 3
SUBJECT: Apply HEOZ to 101 South Santa Cruz Ave/GP-23-003/Z-23-003 DATE: September 28, 2023
BACKGROUND (continued):
years, rather than every 10 to 20 years, must address statutory requirements regarding its content, and is subject to mandatory review by HCD. The Town’s Regional Housing Needs Allocation (RHNA) for the sixth cycle planning period is 1,993 units.

On May 30, 2023, the Town received HCD’s findings/comment letter on the Revised Draft Housing Element that was submitted to HCD on March 31, 2023.

On September 13, 2023, the Planning Commission heard additional public comments, and made a recommendation to Town Council for approval (see Item 6 of the October 3, 2023, Town Council Agenda).

DISCUSSION:

PUBLIC COMMENTS:

Public notification has included a legal ad in the paper, noticing property owners, tenants, and properties located within 300 feet of all the sites listed within the Town. The meeting has also been publicized on the Town’s website and through the Town’s social media platforms. No comments have been received as of the preparation of this staff report.

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PAGE 3 OF 3
SUBJECT: Apply HEOZ to 101 South Santa Cruz Ave/GP-23-003/Z-23-003 DATE: September 28, 2023
ENVIRONMENTAL ASSESSMENT:

CONCLUSION:

Staff recommends that the Town Council:

1. Make the finding that no further environmental analysis is required (Attachments 1);

2. Make the required finding that the proposed zone change is consistent with the General Plan and its elements in that the proposed zone changes are consistent with the proposed General Plan land use designations (Attachment 1); and

3. Introduce an ordinance of the Town Council of the Town of Los Gatos for Zone Change application Z-23-003 (Attachment 1).

ALTERNATIVES:

Alternatively, the Town Council may:

1. Continue this item to a date certain with specific direction to staff;

2. Refer this item back to the Planning Commission with specific direction; or

3. Take no action, leaving the General Plan and zoning designations unchanged.

Attachment:

1. Draft Ordinance with Exhibit A

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1 of 2 ATTACHMENT 1
Ordinance October 3, 2023

DRAFT ORDINANCE

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS

TO APPLY THE HOUSING ELEMENT OVERLAY ZONE (HEOZ) TO PROVIDE FOR

INCREASES TO THE ALLOWABLE DENSITY, HEIGHT, FLOOR AREA RATIO, AND LOT

COVERAGE FOR RESIDENTIAL DEVELOPMENT ON THE FOLLOWING SITE INCLUDED IN THE SITES INVENTORY ANALYSIS OF THE 2023-2031 HOUSING ELEMENT: 101 SOUTH SANTA CRUZ AVENUE.

WHEREAS, the Town of Los Gatos’ Housing Element contains a sites inventory that identifies sites with the potential for redevelopment with housing; WHEREAS, the Town wishes to apply a Housing Element Overlay Zone to the sites identified in the sites inventory in order to encourage redevelopment with housing; WHEREAS, the Planning Commission met on August 23, 2023, to receive public comments and continued the item to September 13, 2023; and WHEREAS, the Planning Commission received further public comments and recommended approval of the application of the Housing Element Overlay Zone to the sites identified in the Housing Element sites inventory at its regular meeting of September 13, 2023; and
WHEREAS, this matter was regularly noticed in conformance with State and Town law and came before the Town Council for public hearing on October 3, 2023; and WHEREAS, the Town Council accepted the report of the Planning Commission’s recommendation of approval for the proposed Zoning Code amendments; and

NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS AS FOLLOWS:

SECTION I
Findings. The Town Council finds as follows:

A. No further Environmental Analysis is required as an Environmental Impact Report (EIR) was prepared and certified for the 2040 General Plan Update on June 30, 2022, which included the proposed Zoning Code amendments; and
B.The zone change is consistent with the General Plan and its elements in that the proposed zonings are consistent with the proposed General Plan land use designations; and Draft Ordinance: subject to
modification by Town Council based on
deliberations and direction

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2 of 2 ATTACHMENT 1
Ordinance October 3, 2023
C. That all proceedings have been conducted in compliance with the provisions of Government Code Section 65850 et seq.; and
D. The Town Council considered all facts and information related to a request to change the Zoning for the above-mentioned property as shown in Exhibit A.

SECTION II
The Housing Element Overlay Zone is hereby applied to the property at 101 South Santa Cruz Avenue as shown in Exhibit A to this ordinance.

SECTION III
This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 3
rd day of October 2023, and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on the __day of ____ 2023. This ordinance shall take effect 30 days after the date it is adopted. The Town Clerk shall cause this ordinance or a summary thereof to be published in accordance with Section 36933 of the California Government Code.

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________
ATTACHMENT 1

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SB HIGHWAY 17
NB HIGHWAY 17

W MAIN ST

BROADWAY

S CREEK TRAIL

COLLEGE AV

WOOD RD

DITTOS LN

PARK AV

S SANTA CRUZ AV

STATION WY

UNIVERSITY AV

MAPLE LN

LUNDY LN
NB 17 TO S SANTA CRUZ

CLIFTON AV

MONTEBELLO WY

TOWN OF LOS GATOS
Application No.

Change of zoning map amending the Town Zoning Ordinance.

Zone Change
Prezoning
From:

To:

Z-23-003
Forwarded by Planning Commission
Approved by Town Council
Clerk Administrator
Date:

Mayor
Date:

Ord:
§ C-2
C-2:HEOZ
A.P.N. # 529-01-022
Address: 101 S. Santa Cruz Avenue

EXHIBIT A

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PREPARED BY: Jennifer Armer, 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) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 10/03/2023
ITEM NO: 10
DATE: September 28, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Discuss and Consider Modifications to the Review Process for Exception Requests to the State Minimum Fire Safe Regulations (Public Resource Code 4290).

RECOMMENDATION:

Discuss and consider modifications to the review process for exception requests to the State Minimum Fire Safe Regulations [Public Resource Code (PRC) 4290].

BACKGROUND:

In 1991, the Board of Forestry (BOF) adopted PRC 4290 (Attachment 1) requiring that the BOF establish minimum fire safety standards applicable to lands located in the State Responsibility Area (SRA) and as of July 1, 2021, within lands classified and designated as Very High Fire Hazard Severity Zones (VHFHSZ) within the Local Responsibility Area (LRA) (Attachment 2). The State Minimum Fire Safe Regulations (Attachment 3), as adopted by the BOF, establish the minimum wildfire protection standards for building and construction related to:
 Road standards and fire equipment access;
 Standards for signs identifying streets, roads, and buildings;  Minimum private water supply reserves for emergency fire use; and  Fuel breaks and greenbelts.

California Code of Regulations Title 14 §1270.07 (a) of the State Minimum Fire Safe Regulations outlines a process allowing applicants to request exceptions to the regulations where it is shown that the exceptions provide the same practical effect as the State Minimum Fire Safe Regulations (Attachment 3). In Los Gatos, exception requests are considered by the inspection

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PAGE 2 OF 4
SUBJECT: PRC 4290 Exception Request Process
DATE: September 28, 2023
BACKGROUND (continued):
authority, which is Santa Clara County Fire Department (SCCFD). As defined in the State Minimum Fire Safe Regulations, same practical effect means an exception or alternative with the capability of applying accepted wildland fire suppression strategies and tactics, and provisions for fire fighter safety, including:
a. Access for emergency wildland fire equipment;
b. Safe civilian evacuation;
c. Signing that avoids delays in emergency equipment response; d. Available and accessible water to effectively attack wildfire or defend a structure from wildfire; and
e. Fuel modification sufficient for civilian and fire fighter safety.

Pursuant to Section §1270.07 (c) of the State Minimum Fire Safe Regulations, when an exception is denied, the applicant may file an appeal to be heard by the local jurisdiction who can establish or utilize an existing appeals process (Attachment 3). Consistent with the Town Code, an appeal of a SCCFD denial of an exception request to the State Minimum Fire Safe Regulations is considered by the Planning Commission.

Pursuant to the State Minimum Fire Safe Regulations, the Planning Commission may grant the appeal upon making the findings that the decision meets the same intent of providing defensible space consistent with the regulations. Section §1270.01 defines defensible space as:

The area within the perimeter of a parcel, development, neighborhood or community where basic wildland fire protection practices and measures are implemented, providing the key point of defense from an approaching wildfire or defense against encroaching wildfires or escaping structure fires. The perimeter as used in this regulation is the area encompassing the parcel or parcels proposed for construction and/or development, excluding the physical structure itself. The area is characterized by the establishment and maintenance of emergency vehicle access, emergency water reserves, road names and building identification, and fuel modification measures.

In November 2022, the Town received the first appeal of a SCCFD exception request denial, and a second was received in February 2023. In both cases, the Planning Commission granted the appeal and imposed some additional conditions to ensure that, at a minimum, the SCCFD standards be met. Public concern at the time included a request for the Town to consider alternatives to this appeal process. Since these appeals, the SCCFD staff have worked on numerous exception requests to find solutions for incremental access improvements to mitigate existing, non-conforming conditions, while allowing construction of new homes on existing hillside properties.

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PAGE 3 OF 4
SUBJECT: PRC 4290 Exception Request Process
DATE: September 28, 2023
DISCUSSION:

When a property is located within the VHFHSZ, the Town’s current process for project review includes the following steps:

1. Planning application submittal by applicant;

2. Staff review, including SCCFD review for State Minimum Fire Safe Regulations compliance;

3. Resubmittal by applicant to address SCCFD comments;

4. If full compliance with Fire Safe Regulation requirements cannot be demonstrated, applicant may submit an exception request to SCCFD for review, including proposed alternative(s) to improve fire safety for the subject property and neighborhood;

5. SCCFD reviews exception request and works with applicant, including site visits if needed, to determine if proposed mitigations are sufficient;

6. If the submitted exception request is denied, the applicant can appeal to the Town with justification for the appeal that could involve discussion of whether the requirements would be considered a “taking” and therefore reduced requirements should be granted;

7. Planning Commission is the deciding body for review of appeals. Town staff and SCCFD provide draft conditions of approval for consideration by Planning Commission, including standard SCCFD requirements and potential additional improvements to reduce the fire risk of the development.

In the most recent appeal, considered by Planning Commission on March 8, 2023, the Planning Commission granted the appeal. Staff was able to recommend granting of the appeal in this case because the work between the applicant and SCCFD resulted in conditions of approval that would improve fire safety. While SCCFD was not able to approve the exception request in that case, they were able to attend the Planning Commission meeting and state that, with the additional conditions of approval, they did not object to the granting of the appeal.

This process contrasts with processes now in place for the City of Saratoga and unincorporated Santa Clara County. Both agencies have implemented an initial review of whether the fire safety requirements imposed by the inspection authority (SCCFD or CalFire) are an unconstitutional taking of private property for public benefit. In the case of Santa Clara County, this evaluation occurs after an exception request has been denied and prior to the property owners appealing the denial of an exception. The Saratoga process allows for a “takings” determination to be made prior to submittal of an exception request. While these processes resolve the “takings” question earlier in the process, they remove the opportunity for the agencies to seek incremental fire safety improvements that the Town’s current process includes, even when the improvements may fall short of full compliance with the State Minimum Fire Safe Regulations.

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PAGE 4 OF 4
SUBJECT: PRC 4290 Exception Request Process
DATE: September 28, 2023
PUBLIC COMMENT:

Attachment 4 contains public comments received on this topic.

CONCLUSION:

For the reasons described above, SCCFD and Town staff recommend continuing with the existing appeal process to retain the opportunity for incremental improvement of existing, noncompliant conditions. By utilizing this approach, applicants can work directly with SCCFD to define beneficial improvements to deficient conditions that more closely align with the scale and scope of the proposed project.

Staff looks forward to the Town Council’s discussion and direction on the review process for projects subject to PRC 4290.

COORDINATION:

The Community Development Department coordinated with the Santa Clara County Fire Department, Town Attorney, and Town Manager in the preparation of this report.

ATTACHMENTS:

1. Public Resources Code 4290

2. Fire Hazard Severity Zones Map

3. State Minimum Fire Safe Regulations

4. Public Comment

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ATTACHMENT 1

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Los Gatos
Santa
Clara
County
San Jose
Campbell
Monte
Sereno
Saratoga Santa
Clara
County
Santa
Clara
County
Santa
Clara
County
Santa
Clara
County
Santa
Clara
County
0 0.2
.0.4 0.8
Miles
November 7, 2022
Fire Hazard Severity Zones
State Responsibility Area
Very High
High
Moderate
Source: CalFire, California Board of Foresty and
Fire Protection, Town of Los Gatos
City/Town Boundary
Roadways
Creeks
Lakes
Parcels
Very High Fire Hazard Severity Zone
Local Responsibility Area
Very High
ATTACHMENT 2

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Source: Thomas Reuters Westlaw, California Code of Regulations. https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegulations?guid=IEC5359C0A76E11ED9E1BBAE9 320F3C1A&originationContext=documenttoc&transitionType=Default&contextData=(sc.Default) ATTACHMENT 3
California Code of Regulations
Title 14. Natural Resources
Division 1.5. Department of Forestry and Fire Protection (Refs & Annos) Chapter 7. Fire Protection (Refs & Annos)
Subchapter 2. SRA/VHFHSV Fire Safe Regulations
Article 1. Administration
§ 1270. Title.

Subchapter 2 shall be known as the “State Minimum Fire Safe Regulations,” and shall constitute the minimum Wildfire protection standards of the California Board of Forestry and Fire Protection.
§ 1270.01. Definitions.

The following definitions are applicable to Subchapter 2. (a) Agriculture: Land used for agricultural purposes as defined in a Local Jurisdiction's zoning ordinances.
(b) Board: California Board of Forestry and Fire Protection. (c) Building: Any Structure used or intended for supporting or sheltering any use or Occupancy, except those classified as Utility and Miscellaneous Group U. (d) CAL FIRE: California Department of Forestry and Fire Protection. (e) Dead-end Road: A Road that has only one point of vehicular ingress/egress, including cul-desacs and Roads that loop back on themselves (f) Defensible Space: The area within the perimeter of a parcel, Development, neighborhood or community where basic wildland fire protection practices and measures are implemented, providing the key point of defense from an approaching Wildfire or defense against encroaching Wildfires or escaping Structure fires. The perimeter as used in this regulation is the area encompassing the parcel or parcels proposed for construction and/or Development, excluding the physical Structure itself. The area is characterized by the establishment and maintenance of emergency vehicle access, emergency water reserves, Road names and Building identification, and fuel modification measures.
(g) Development: As defined in section 66418.1 of the California Government Code. (h) Director: Director of the Department of Forestry and Fire Protection or their designee.

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(i) Driveway: A vehicular pathway that serves no more than four (4) Residential Units and any number of non-commercial or non-industrial Utility or Miscellaneous Group U Buildings on each parcel. A Driveway shall not serve commercial or industrial uses at any size or scale. (j) Exception: An alternative to the specified standard requested by the applicant that may be necessary due to health, safety, environmental conditions, physical site limitations or other limiting conditions, such as recorded historical sites, that provides mitigation of the problem. (k) Fire Apparatus: A vehicle designed to be used under emergency conditions to transport personnel and equipment or to support emergency response, including but not limited to the suppression of fires.
(l) Fire Authority: A fire department, agency, division, district, or other governmental body responsible for regulating and/or enforcing minimum fire safety standards in the Local Jurisdiction.
(m) Fire Hydrant: A valved connection on a water supply or storage system for the purpose of providing water for fire protection and suppression operations. (n) Fuel Break: A strategically located area where the volume and arrangement of vegetation has been managed to limit fire intensity, fire severity, rate of spread, crown fire potential, and/or ember production.
(o) Greenbelts: open space, parks, wildlands, other areas, or a combination thereof, as designated by Local Jurisdictions, which are in, surround, or are adjacent to a city or urbanized area, that may function as Fuel Breaks and where Building construction is restricted or prohibited.
(p) Greenways: Linear open spaces or corridors that link parks and neighborhoods within a community through natural or manmade trails and paths.
(q) Hammerhead/T: A “T” shaped, three-point Turnaround space for Fire Apparatus on a Road or Driveway, being no narrower than the Road or Driveway that serves it. (r) Hazardous Land Use: A land use that presents a significantly elevated potential for the ignition, prolonged duration, or increased intensity of a Wildfire due to the presence of flammable materials, liquids, or gasses, or other features that initiate or sustain combustion.

Such uses are determined by the Local Jurisdiction and may include, but are not limited to, power-generation and distribution facilities; wood processing or storage sites; flammable gas or liquids processing or storage sites; or shooting ranges. (s) Local Jurisdiction: Any county, city/county agency or department, or any locally authorized district that approves or has the authority to regulate Development.

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(t) Municipal-Type Water System: A system having water pipes servicing Fire Hydrants and designed to furnish, over and above domestic consumption, a minimum of 250 gpm (950 L/min) at 20 psi (138 kPa) residual pressure for a two (2) hour duration. (u) Occupancy: The purpose for which a Building, or part thereof, is used or intended to be used.
(v) One-way Road: A Road that provides a minimum of one Traffic Lane width designed for traffic flow in one direction only.
(w) Residential Unit: Any Building or portion thereof which contains living facilities including provisions for sleeping, eating, cooking and/or sanitation, for one or more persons.

Manufactured homes, mobile homes, and factory-built housing are considered Residential Units.
(x) Ridgeline: The line of intersection of two opposing slope aspects running parallel to the long axis of the highest elevation of land; or an area of higher ground separating two adjacent streams or watersheds.
(y) Road: A public or private vehicular pathway to more than four (4) Residential Units, or to any industrial or commercial Occupancy.
(z) Road or Driveway Structures: Bridges, culverts, and other appurtenant Structures which supplement the Traffic Lane or Shoulders.
(aa) Same Practical Effect: As used in this subchapter, means an Exception or alternative with the capability of applying accepted wildland fire suppression strategies and tactics, and provisions for fire fighter safety, including:
(1) access for emergency wildland fire equipment,
(2) safe civilian evacuation,
(3) signing that avoids delays in emergency equipment response, (4) available and accessible water to effectively attack Wildfire or defend a Structure from Wildfire, and
(5) fuel modification sufficient for civilian and fire fighter safety. (bb) Shoulder: A vehicular pathway adjacent to the Traffic Lane. (cc) State Responsibility Area (SRA): As defined in Public Resources Code sections 4126-4127; and the California Code of Regulations, title 14, division 1.5, chapter 7, article 1, sections 1220- 1220.5.

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(dd) Strategic Ridgeline: a Ridgeline identified pursuant to § 1276.02(a) that may support fire suppression activities or where the preservation of the Ridgeline as an Undeveloped Ridgeline would reduce fire risk and improve fire protection.
(ee) Structure: That which is built or constructed or any piece of work artificially built up or composed of parts joined together in some definite manner. (ff) Traffic Lane: The portion of a Road or Driveway that provides a single line of vehicle travel. (gg) Turnaround: An area which allows for a safe opposite change of direction for Fire Apparatus at the end of a Road or Driveway.
(hh) Turnout: A widening in a Road or Driveway to allow vehicles to pass. (ii) Undeveloped Ridgeline: A Ridgeline with no Buildings. (jj) Utility and Miscellaneous Group U: A Structure of an accessory character or a miscellaneous Structure not classified in any specific Occupancy permitted, constructed, equipped, and maintained to conform to the requirements of Title 24, California Building Standards Code. (kk) Vertical Clearance: The minimum specified height of a bridge, overhead projection, or vegetation clearance above the Road or Driveway.
(ll) Vertical Curve: A curve at a high or low point of a Road that provides a gradual transition between two Road grades or slopes.
(mm) Very High Fire Hazard Severity Zone (VHFHSZ): As defined in Government Code section 51177(i).
(nn) Wildfire: Has the same meaning as “forest fire” in Public Resources Code Section 4103. § 1270.02. Purpose.
(a) Subchapter 2 has been prepared and adopted for the purpose of establishing state minimum Wildfire protection standards in conjunction with Building, construction, and Development in the State Responsibility Area (SRA) and, after July 1, 2021, the Very High Fire Hazard Severity Zones, as defined in Government Code § 51177(i) (VHFHSZ). (b) The future design and construction of Structures, subdivisions and Developments in the SRA and, after July 1, 2021, the VHFHSZ shall provide for basic emergency access and perimeter Wildfire protection measures as specified in the following articles. (c) These standards shall provide for emergency access; signing and Building numbering; private water supply reserves for emergency fire use; vegetation modification, Fuel Breaks, Greenbelts, and measures to preserve Undeveloped Ridgelines. Subchapter 2 specifies the minimums for such measures.

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§ 1270.03. Scope.
(a) Subchapter 2 shall apply to:
(1) the perimeters and access to all residential, commercial, and industrial Building construction within the SRA approved after January 1, 1991, and those approved after July 1, 2021 within the VHFHSZ, except as set forth below in subsection (b). (2) the siting of newly installed commercial modulars, manufactured homes, mobilehomes, and factory-built housing, as defined in Health and Safety Code sections 18001.8, 18007, 18008, and 19971;
(3) all tentative and parcel maps or other Developments approved after January 1, 1991; and
(4) applications for Building permits on a parcel approved in a pre-1991 parcel or tentative map to the extent that conditions relating to the perimeters and access to the Buildings were not imposed as part of the approval of the parcel or tentative map. (b) Subchapter 2 does not apply where an application for a Building permit is filed after January 1, 1991 for Building construction on a parcel that was formed from a parcel map or tentative map (if the final map for the tentative map is approved within the time prescribed by the local ordinance) approved prior to January 1, 1991, to the extent that conditions relating to the perimeters and access to the Buildings were imposed by the parcel map or final tentative map approved prior to January 1, 1991.
(c) Affected activities include, but are not limited to:
(1) permitting or approval of new parcels, excluding lot line adjustments as specified in Government Code (GC) section 66412(d);
(2) application for a Building permit for new construction not relating to an existing Structure;
(3) application for a use permit;
(4) Road construction including construction of a Road that does not currently exist, or extension of an existing Road.
(d) The standards in Subchapter 2 applicable to Roads shall not apply to Roads used solely for Agriculture; mining; or the management of timberland or harvesting of forest products. § 1270.04. Provisions for Application of these Regulations.

This Subchapter shall be applied as follows:

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(a) the Local Jrisdictions shall provide the Director of the California Department of Forestry and Fire Protection (CAL FIRE) or their designee with notice of applications for Building permits, tentative parcel maps, tentative maps, and installation or use permits for construction or Development within the SRA, or if after July, 1 2021, the VHFHSZ. (b) the Director or their designee may review and make fire protection recommendations on applicable construction or development permits or maps provided by the Local Jrisdiction. (c) the Local Jrisdiction shall ensure that the applicable sections of this Subchapter become a condition of approval of any applicable construction or Development permit or map. § 1270.05. Local Regulations.
(a) Subchapter 2 shall serve as the minimum Wildfire protection standards applied in SRA and VHFHSZ. However, Subchapter 2 does not supersede local regulations which equal or exceed the standards of this Subchapter.
(b) A local regulation equals or exceeds a minimum standard of this Subchapter only if, at a minimum, the local regulation also fully complies with the corresponding minimum standard in this Subchapter.
(c) A Local Jurisdiction shall not apply exemptions to Subchapter 2 that are not enumerated in Subchapter 2. Exceptions requested and approved in conformance with § 1270.07 (Exceptions to Standards) may be granted on a case-by-case basis.
(d) Notwithstanding a local regulation that equals or exceeds the State Minimum Fire Safe Regulations, Building construction shall comply with the State Minimum Fire Safe Regulations. § 1270.06. Inspections.

Inspections shall conform to the following requirements:
(a) Inspections in the SRA shall be made by:
(1) the Director, or
(2) Local Jurisdictions that have assumed state fire protection responsibility on SRA lands, or
(3) Local Jurisdictions where the inspection duties have been formally delegated by the Director to the Local Jurisdictions, pursuant to subsection (b). (b) The Director may delegate inspection authority to a Local Jurisdiction subject to all of the following criteria:

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(1) The Local Jurisdiction represents that they have appropriate resources to perform the delegated inspection authority.
(2) The Local Jurisdiction acknowledges that CAL FIRE's authority under subsection (d) shall not be waived or restricted.
(3) The Local Jurisdiction consents to the delegation of inspection authority. (4) The Director may revoke the delegation at any time. (5) The delegation of inspection authority, and any subsequent revocation of the delegation, shall be documented in writing, and retained on file at the CAL FIRE Unit headquarters that administers SRA fire protection in the area. (c) Inspections in the VHFHSZ shall be made by the Local Jurisdiction. (d) Nothing in this section abrogates CAL FIRE's authority to inspect and enforce state forest and fire laws in the SRA even when the inspection duties have been delegated pursuant to this section.
(e) Reports of violations within the SRA shall be provided to the CAL FIRE Unit headquarters that administers SRA fire protection in the Local Jurisdiction. (f) When inspections are conducted, they shall occur prior to: the issuance of the use permit or certificate of Occupancy; the recordation of the parcel map or final map; the filing of a notice of completion; or the final inspection of any project or Building permit. § 1270.07. Exceptions to Standards.
(a) Upon request by the applicant, an Exception to standards within this Subchapter may be allowed by the Inspection entity in accordance with 14 CCR § 1270.06 (Inspections) where the Exceptions provide the Same Practical Effect as these regulations towards providing Defensible Space. Exceptions granted by the Local Jurisdiction listed in 14 CCR § 1270.06, shall be made on a case-by-case basis only. Exceptions granted by the Local Jurisdiction listed in 14 CCR § 1270.06 shall be forwarded to the appropriate CAL FIRE unit headquarters that administers SRA fire protection in that Local Jurisdiction, or the county in which the Local Jurisdiction is located and shall be retained on file at the Unit Office.
(b) Requests for an Exception shall be made in writing to the Local Jurisdiction listed in 14 CCR § 1270.06 by the applicant or the applicant's authorized representative.

At a minimum, the request shall state the specific section(s) for which an Exception is requested; material facts supporting the contention of the applicant; the details of the Exception proposed; and a map showing the proposed location and siting of the Exception.

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Local Jurisdictions listed in § 1270.06 (Inspections) may establish additional procedures or requirements for Exception requests.
(c) Where an Exception is not granted by the inspection entity, the applicant may appeal such denial to the Local Jurisdiction. The Local Jurisdiction may establish or utilize an appeal process consistent with existing local building or planning department appeal processes. (d) Before the Local Jurisdiction makes a determination on an appeal, the inspector shall be consulted and shall provide to that Local Jurisdiction documentation outlining the effects of the requested Exception on Wildfire protection.
(e) If an appeal is granted, the Local Jurisdiction shall make findings that the decision meets the intent of providing Defensible Space consistent with these regulations. Such findings shall include a statement of reasons for the decision. A written copy of these findings shall be provided to the CAL FIRE Unit headquarters that administers SRA fire protection in that Local Jurisdiction.
§ 1270.08. Distance Measurements.

All specified or referenced distances are measured along the ground, unless otherwise stated.

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ATTACHMENT 4
From: Terence J. Szewczyk
Sent: Thursday, September 7, 2023 1:28 PM
To: Jennifer Armer <[email protected]>
Subject: Fwd: PRC 4290------ for Oct 3, 203 Town Council [EXTERNAL SENDER]
Best regards, Terry
Terence J. Szewczyk. P.E.

TS/Civil Engineering, Inc
1776 Technology Drive
San Jose, CA 95110
cell (BEST NUMBER)
office (RINGS THRU TO CELL)
---------- Forwarded message ---------
From: Terence J. Szewczyk
Date: Tue, Mar 14, 2023 at 11:53 AM
Subject: Re: PRC 4290
To: Jennifer Armer <[email protected]>
Jennifer, I am holding this as a draft for now. Will the Town be taking an action to reconcile these issues with the subordinate Fire Agency by April 15, 2023? Please realize that the Town resident/property owner is an immigrant small businesswoman and widow. She has been trying to improve her property since 2006. It does not look good for the Town Council's goal of
embracing diversity given that Town staff have complicated her past applications and filed a questionable grading violation. Now this Fire Dept debacle.

I am holding this to see if the Town will take action.

Best regards, Terry
Terence J. Szewczyk. P.E.

TS/Civil Engineering, Inc
1776 Technology Drive
San Jose, CA 95110
cell (BEST NUMBER)
office (RINGS THRU TO CELL)

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Los Gatos City CouncilOctober 3, 2023

Los Gatos City Council
October 3, 2023