Agenda packet — Los Gatos City Council, November 7, 2023 (part 2 of 4)

T O W N O F L O S G A T O S
2020 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-22
G. Goals, Policies, and Actions
The following goals, policies, and actions guide future physical development throughout Los Gatos.

Policy LU-1.1 Encourage developers to engage in discussions as early as possible regarding the nature and scope of the project and possible impacts and mitigation requirements.

Policy LU-1.2 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-1.3 To preserve existing trees, natural vegetation, natural topography, riparian corridors and wildlife habitats,
and promote high quality, well-designed, environmentally sensitive, and diverse landscaping in new and existing
developments.

Policy LU-1.4 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.

Policy LU-1.5 Encourage private/public funding, development, and operation of cultural amenities, activities, and centers consistent with the small-town character of Los Gatos.

Goal LU-1 To preserve, promote, and protect the existing small-town character and quality of life within Los
Gatos.

Page 194 ends

T O W N O F L O S G A T O S
2020 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-23
Policy LU-1.6 Recognizing that our ability to preserve our small-town character is somewhat dependent on decisions in surrounding communities, continue and expand Town participation in planning processes in neighboring
jurisdictions and regional bodies in order to develop
innovative, effective, and coordinated land use,
transportation, and hillside development plans and
standards that will help preserve our small-town character.

Policy LU-1.7 Use task forces, ad hoc committees and other means as appropriate to involve residential and commercial interests in Town matters.

Policy LU-1.8 Commercial development of any type (office, retail, research and development, etc.) shall be designed in keeping with the small-town character of Los Gatos.

Policies
Policy LU-2.1 Minimize vehicle miles traveled for goods and services by allowing and encouraging stores that provide these goods within walking distance of neighborhoods in Los Gatos.

Policy LU-2.2 Promote telecommuting and home-based businesses by allowing live-work and work-live uses in existing and future residential development.

Goal LU-2 To maintain a balanced, economically stable community within environmental goals.

Goal LU-3 To coordinate with surrounding jurisdictions and other local and regional agencies that may affect Los
Gatos’s future development patterns and character.

Page 195 ends

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.

Page 196 ends

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.

Page 197 ends

T O W N O F L O S G A T O S
2020 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.

Page 198 ends

T O W N O F L O S G A T O S
2020 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.

Page 199 ends

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-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.

Page 200 ends

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.

Page 201 ends

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.

Page 202 ends

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.

Page 203 ends

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.

Page 204 ends

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.

Page 205 ends

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 dependable 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 re- strictions 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.

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.

Page 206 ends

1 of 4
Ordinance Date

DRAFT ORDINANCE

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING CHAPTER 29, “ZONING REGULATIONS,” OF THE TOWN CODE TO REPLACE THE AFFORDABLE HOUSING OVERLAY ZONE DIVISION 5 OF ARTICLE VIII, “OVERLAY ZONES AND HISTORIC PRESERVATION,” WITH THE HOUSING ELEMENT OVERLAY ZONE AS DIVISION 5 OF ARTICLE VIII, “OVERLAY ZONES AND HISTORIC PRESERVATION”
ZONING CODE AMENDMENT APPLICATION Z-23-002
PROPERTY LOCATION: TOWN WIDE
APPLICANT: TOWN OF LOS GATOS
WHEREAS, the Town of Los Gatos 2023-2031 Housing Element identifies amending the Town Code to create the Housing Element Overlay Zone as a strategy to accommodate the Town’s Regional Housing Needs Allocation (RHNA); and
WHEREAS, the Planning Commission at its meeting on August 23, 2023, reviewed the proposed Town Code amendments , held a public hearing, and forwarded a recommendation of approval to the Town Council; and
WHEREAS, the Town Council at its meeting on October 3, 2023, reviewed the proposed Town Code amendment, held a public hearing, and adopted the ordinance to amend the Town Code to modify the Affordable Housing Overlay Zone to be the Housing Element Overlay Zone; and
WHEREAS, because the project description in the public hearing notice did not include the Planning Commission’s recommendation, the item has been re-noticed for the Town Council’s consideration; and
WHEREAS, this matter was regularly noticed in conformance with State and Town law and came before the Town Council for public hearing on November 7, 2023; and WHEREAS, the Town Council accepted the report of the Planning Commission’s recommendation of approval for the proposed Town Code amendment and held a public hearing; and
WHEREAS, the Town Council considered all facts and information related to a request to amend the Town Code as shown on Exhibit A.

Draft Ordinance: subject to
modification by Town Council based
on deliberations and direction.

ATTACHMENT 2

Page 207 ends

2 of 4
Ordinance Date

NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY ORDAIN 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 Town Code Amendments 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
SECTION II. AMENDMENTS
Chapter 29, Article VIII., Division 5 of the Town Code is hereby amended to read as follows:

ARTICLE VIII. OVERLAY ZONES AND HISTORIC PRESERVATION
…
DIVISION 5. HOUSING ELEMENT OVERLAY ZONE
Sec. 29.80.505. 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 key housing opportunities. The designation of these sites will assist the Town in meeting its Regional Housing Needs Allocation (RHNA), as required by the State.

Sec. 29.80.510. HEOZ and underlying zoning.

A property that has the HEOZ designation may be developed with a residential or mixeduse project with a residential use occupying more than 50 percent of the total floor area based on the standards provided in this division or, where standards are not specified, then based on the standards provided in the underlying zone. The underlying zoning development standards will remain in effect for all other development without a residential component.

Page 208 ends

3 of 4
Ordinance Date
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. 29.80.515. HEOZ general development standards.

Regardless of the underlying zoning designation, no residential project or mixed-use project with a residential use occupying more than 50 percent of the total floor area may be developed that does not meet the applicable HEOZ 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
30-40
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
SECTION III. CEQA.

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.

Page 209 ends

4 of 4
Ordinance Date
SECTION IV. Publication.

In accordance with Section 63937 of the Government Code of the State of California, this Ordinance takes effect 30 days from the date of its passage. The Town Clerk shall cause this ordinance or a summary thereof to be published in accordance with Section 36933 of the California Government Code.

SECTION V. Effective Date.

This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 7
th day of November 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, 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 210 ends

Chapter 29 - ZONING REGULATIONS
ARTICLE VIII. - OVERLAY ZONES AND HISTORIC PRESERVATION DIVISION 5. HOUSING ELEMENT OVERLAY ZONE
DIVISION 5. HOUSING ELEMENT OVERLAY ZONE
Sec. 29.80.505. Intent.

Sec. 29.80.510. HEOZ and underlying zoning.

A property that has the HEOZ designation may be developed with a residential or mixed-use project with a residential use occupying more than 50 percent of the total floor area based on the standards provided in this division or, where standards are not specified, then based on the standards provided in the underlying zone. The underlying zoning development standards will remain in effect for all other development without a residential component.

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. 29.80.515. HEOZ general development standards.

A proposed residential project, including a mixed-use project with a residential use occupying more than 50 percent of the total floor area 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). Regardless of the underlying zoning designation, no residential project or mixeduse project with a residential use occupying more than 50 percent of the total floor area may be developed that does not meet the applicable HEOZ development standards.

29.40.530, and

Page 1 of 2 ends

EXHIBIT A

Page 211 ends

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
30-40
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

Page 1 of 2 ends

Page 212 ends

Chapter 29, Article VIII., Division 5 of the Town Code is hereby amended to remove the following strikeouts (strikeouts) indicating deleted text and include underlining (underlining) indicating new text:

Sec. 29.80.505. Intent.

The affordable housing overlay zone (AHOZ) 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 affordable housing overlay zone encourages the development of housing affordable to all income levels on one (1) property within the Town that is deemed to be most appropriate for such uses. The housing element lists the one (1) property within the Town of Los Gatos as a key housing opportunity site for mixed income affordable housing projects. The designation of this site will assist the Town in meeting its fair share of the region's housing needs required by the State.

Sec. 29.80.510. AHOZ and underlying zoning.

A property that has the AHOZ designation may be developed either in the manner provided in this division or the manner provided in the underlying zone, but not both; use of the overlay zone and the underlying zone are mutually exclusive alternatives. Once the land has developed in the manner provided in the underlying zoning, the property owner shall relinquish the right to redevelop the land using the AHOZ overlay.

Sec. 29.80.515. Applicability of regulations.
(a) This division applies to the one (1) property listed on Table 6-1 of Chapter 6 (Housing Sites Inventory) of the 2015-23 Housing Element Technical Appendix and as identified below:

Affordable housing overlay zone (AHOZ) property:

1. Southbay Development, Knowles Drive east of Winchester Boulevard, APN 424-32-077 (b) The provisions of this division shall not apply if an applicant requests to use the General Plan Density Bonus Policy (HOU-1.3). If the applicant submits a development project application utilizing this density bonus program, the base density on which the bonus is calculated shall be the density of the existing zoning of the property.

Sec. 29.80.520. Qualification.

In order to qualify for the benefits of this overlay zone, residential development projects shall comply with all of the following:

ATTACHMENT 3

Page 213 ends

(a) Include the following minimum percentage of total units in the development with rents or sales prices that are restricted to the area median income household affordability levels noted below. The income limits shall be established based on the current year area median income for Santa Clara County as set by the appropriate State or Federal government housing agencies.

Required unit affordability levels
Site Low and/or Very Low and Below Moderate and/or Above Moderate Southbay Development
(APN 424-32-077)
40% 60%
(b) Based on a recommendation by the Planning Commission after its review of a project, the Town Council may approve a modification to the affordability ratios in subsection (a) if the applicant can demonstrate with actual project specific pro forma, financial and local market data, that a specific ratio is not financially feasible. The Town Council may only approve a modification to a ratio if the overall Regional Housing Needs Allocation (RHNA) unit production for an individual income category (e.g. very low, low and moderate income) has been achieved by the Town during the applicable housing element period. (c) Ensure that affordable units are deed-restricted for a period of not less than fifty-five (55) years, or for the longest feasible time. An affordable housing agreement shall be executed prior to recording any final map for the underlying property or prior to the issuance of any building permit for the housing development, whichever comes first, unless the Community Development Director approves an alternative phasing plan, at which time the affordable housing agreement shall be executed no later than the issuance of the certificate for the fifty-first percent of the market rate units. The affordable housing agreement shall be binding on all future owners and successors of interest of the housing development.

Sec. 29.80.525. Permitted uses in the AHOZ.
(a) Multifamily dwellings;
(b) Two-family dwellings;
(c) Single-family dwellings.

Sec. 29.80.530. Conditional uses permitted.

No conditional use permit shall be required for a housing development that meets the intent and regulations contained in this division.

Sec. 29.80.535. Application.

Residential developments using the AHOZ standards shall be required to submit applications for architecture and site review. The application shall be subject to review by the Planning Commission with a recommendation to Town Council and the review by Town Council shall be final.

Page 214 ends

Sec. 29.80.540. Affordable housing overlay zones general development standards.

Proposed development within the affordable housing overlay zones shall be designed and constructed in conformity with the development standards in Table 1A (Overlay Zones Development Standards) and Table 1B (Overlay Zones Development Setbacks).

Table 1A (Overlay Zones Development Standards)
Site Maximum
Lot
Coverage
Maximum
Height Limit
(ft)1
Density
Units Per
Acre
Parking Ratio2
Southbay Development (APN
424-32-077)
40% 30 feet
w/separate
garage;
35 feet
w/integrated
garage
20 0—1 bedroom: 1 space
2—3 bedrooms: 2 spaces
4+ bedrooms: 2.5 spaces

1. Building height is increased to 35 feet for residential products that integrate the garage on the first floor, underground or is constructed on a parking podium. Additional height increase may be granted through the architecture and site review process.

2. Tandem parking is permitted.

Table 1B (Overlay Zones Development Setbacks)
Site Required Setbacks
Southbay Development (APN 424-
32-077)
25 ft. from Knowles Avenue property line;
40 ft. from Los Gatos Creek property line;
25 ft. from Southwest Property Line;
West and internal setbacks to be determined by architecture and site review process
Sec. 29.80.545. Affordable housing overlay zones development incentives. (a) Concessions and incentives. Applications meeting the intent of the AHOZ will be automatically granted four (4) concessions at the applicant's sole discretion. The concessions are reductions in the development standards specified in this section, and processing fee waivers. The following development incentives are available to qualifying residential developments within an AHOZ:
(1) Parking standards. Parking standards may be reduced if a parking reduction is requested as one (1) of the four (4) concessions. Parking may be reduced as follows:
a. Reduction to one (1) space per unit for units reserved for seniors or persons with disabilities.
b. Reduction to one (1) space per unit for developments within one-quarter (¼) mile to the proposed Vasona Light Rail Station.
(2) Property setbacks. Any two (2) property setbacks may be reduced by up to fifty (50) percent if an applicant selects the setback reduction as one (1) of the four (4) concessions. The two (2) setback reductions are considered one (1) concession. (3) Lot coverage. The lot coverage may be increased up to fifty (50) percent if the applicant selects the lot coverage increase as one (1) of the four (4) concessions.

Page 215 ends

(4) Processing fees. The Town shall waive or defer planning, engineering, and building processing fees, except those that are paid directly to Town consultants or for technical studies.

The developer can select one (1) of the following types of fees to be waived as one (1) of the four (4) available concessions:
a. Planning and engineering application fees (but not Town consultant fees). b. Building plan check and inspection fees.
c. Construction mitigation fee.

The fees selected shall be waived if the applicant selects a fee waiver as one (1) of the four (4) automatically granted concessions.

If the developer selects a deferral of all fees noted above rather than a waiver, the fees shall be deferred to the time of issuance of the certificate of occupancy for each unit.
(5) Priority processing. The Town shall give qualifying projects the highest processing priority for planning entitlements, building plan check and building inspection.

Sec. 29.80.550. Architecture and site review process.
(a) Affordable housing overlay zone design guidelines. All projects shall comply with the adopted affordable housing overlay zone design guidelines in effect at the time of entitlement approval.
(b) Architecture and site approval. All projects shall require an architecture and site application approval. The Planning Commission shall review each project and make a recommendation to the Town Council. The Town Council is the final decision making authority for AHOZ applications. The Town Council shall adopt a resolution that documents the architecture and site application decision.
(1) Architectural design. Affordable units within a mixed affordable/market rate development may be allowed to vary in interior and exterior design and square footage from market rate units as long as the project remains architecturally harmonious as determined by the approval body. Attached units, smaller (in square footage) units and other design variations from market rate units may be permitted within reason to reduce costs of providing affordable units subject to the required architecture and site approval process.
(c) Environmental review. All projects shall be subject to the requirements of the California Environmental Quality Act.
(d) Findings. In order to qualify for a height increase over the maximum stated in Table 1A, the Planning Commission shall make a recommendation and the Town Council shall find that:
(1) The building massing and dimensional ratios of proposed building components create a harmonious visual balance and contribute to the architectural character of the project or its surroundings.

Page 216 ends

(2) The height increase is necessary to achieve excellence in architectural design and cannot be accommodated through alternative means such as reducing overall floor to ceiling heights.
(e) Timing of affordable unit construction. Affordable units must be constructed concurrently with market-rate units. The affordable units shall be integrated into the market rate component of the plan to the greatest extent feasible. If complete integration cannot be achieved, the applicant shall provide justification for not meeting the intent of this section and why such integration is not feasible. The applicant shall submit a plan of the affordable and market rate unit distribution in the development to the Town. The Planning Commission shall review and make a recommendation on the affordable and market rate unit distribution plan and the Town Council shall review the final plan for approval.

Sec. 29.80.505. 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 key housing opportunities 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. 29.80.510. 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. 29.80.515. HEOZ general development standards.

Regardless of the underlying zoning designation, no residential project or mixed-use project

Page 217 ends

with residential may be developed that does not meet the applicable HEOZ 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

Page 218 ends

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
DATE: August 18, 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.

RECOMMENDATION:

Forward a recommendation of approval to the Town Council for the following items:

1. Amend the 2020 General Plan Land Use Element to include a description of the Housing Element Overlay Zone (HEOZ); and

2. Amend the Town Code to modify the Affordable Housing Overlay Zone (AHOZ) of Division 5, Article VIII Overlay Zones and Historic to be the HEOZ.

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 ATTACHMENT 4

Page 219 ends

PAGE 2 of 8
SUBJECT: General Plan Amendment and Housing Element Overlay Zone/Z-23-002 and GP23-002 DATE: August 18, 2023
BACKGROUND (continued):
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.

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 portions of the Town’s interim working Draft Revised Housing Element addressing HCD’s 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/HousingElement.

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 2023-2031 Housing Element includes Implementation Programs that involve rezoning of parcels within the Town to allow for modified development standards. The purpose of these modified development standards is to provide the development capacity required by State law and the Town’s RHNA, as mentioned above.

Page 220 ends

PAGE 3 of 8
SUBJECT: General Plan Amendment and Housing Element Overlay Zone/Z-23-002 and GP23-002 DATE: August 18, 2023
DISCUSSION (continued):
• Implementation Program BG, General Plan Amendment
Amend the General Plan to modify the designation of 16492 Los Gatos Boulevard and Assessor Parcel Number (APN) 532-07-086 from Low Density Residential to Neighborhood Commercial, modify the designation of the Caltrans 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 Site Inventory.

The first step in creating the new maximum densities referenced in Implementation Program BG, is the addition of the HEOZ and the associated development standards in the 2020 General Plan Land Use Element. In addition to density, those development standards will also include lot coverage, floor area, and height, as provided in Table LU-2 on the following page and included in Exhibit 2.

The Town has received public comments since the July 20, 2023, GPC meeting suggesting a future need to add sites to the Sites Inventory as a result of No Net Loss law. In response to these comments, staff is recommending the modifications shown in underlined text to Table LU-2, HEOZ Development Standards to ensure that standards are included for all land use designations. Given the requirements of No Net Loss law, the addition of sites to the Sites Inventory may be required in the future as sites on the current inventory are developed.

Page 221 ends

PAGE 4 of 8
SUBJECT: General Plan Amendment and Housing Element Overlay Zone/Z-23-002 and GP23-002 DATE: August 18, 2023
DISCUSSION (continued):

Table LU-2, HEOZ Development Standards
Designation Standards
Low Density Residential Density: 0 – 5 du/ac
Lot Coverage: Up to 50%
Max. Height: 30 feet
Medium Density Residential Density: 14 – 22 du/ac
Density in Very High Fire Hazard
Severity Zones: 5 – 12 du/ac
Lot Coverage: Up to 75%
Max. Height: 35 feet
High Density Residential Density: 30 – 40 du/ac
Lot Coverage: Up to 75%
Max. Height: 45 feet
Mixed-Use Density: 30 – 40 du/ac
FAR: Up to 3.0
Max. Height: 45 feet
Neighborhood Commercial Density: 10 – 20 du/ac
FAR: Up to 1.0
Max. Height: 35 feet
Central Business District Density: 20 – 30 du/ac
FAR: Up to 2.0
Max. Height: 45 feet
North Forty Specific Plan As defined in Specific Plan
Office Professional Density: 10 – 20 du/ac
FAR: Up to 1.0
Max. Height: 35 feet
Service Commercial Density: none
FAR: Up to 1.0
Max. Height: 35 feet
Light Industrial Density: none
FAR: Up to 1.0
Max. Height: 35 feet
The General Plan modifications to 16492 Los Gatos Boulevard, APN 532-07-086, and the Caltrans right-of-way will be considered in a separate General Plan Amendment application, item 5 of tonight’s Planning Commission agenda.

Page 222 ends

PAGE 5 of 8
SUBJECT: General Plan Amendment and Housing Element Overlay Zone/Z-23-002 and GP23-002 DATE: August 18, 2023
DISCUSSION (continued):

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 July 2023 Interim Working Draft Revised Housing Element. This program proposes to amend the Zoning Code to comply with State Housing Element law:
• 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. These Code revisions include:

1. Amend the Zoning Code to include a HEOZ to apply to the sites included in the Sites Inventory and 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 item #1 of Implementation Program BF, staff has drafted amendments to the Zoning Code to replace the AHOZ with the new HEOZ as Division 5, Article VIII Overlay Zones and Historic Preservation (Exhibit 3).

Due to changes to State law, many components of the AHOZ are no longer compliant with State law. Additionally, the AHOZ only applied to a single parcel in the Town, located at 110 Knowles Avenue. Therefore, staff expects to remove item #2 of Implementation Program BF. The application of the HEOZ to the remaining AHOZ parcel will provide greater flexibility in order to create more potential for the development of housing. All other components of Implementation Program BF will be completed at a later date. Application of the HEOZ to the sites in the Sites Inventory will be considered in a separate zoning amendment application, item 5 on tonight’s Planning Commission agenda.

In response to public comments received since the July 20, 2023, GPC meeting regarding adding sites to the current Sites Inventory, staff is recommending the following

Page 223 ends

PAGE 6 of 8
SUBJECT: General Plan Amendment and Housing Element Overlay Zone/Z-23-002 and GP23-002 DATE: August 18, 2023
DISCUSSION (continued):
modifications shown in underlined text to Table 1A (HEOZ Development Standards), shown below to reflect the possibility of adding sites to the Sites Inventory in the future as sites on the current inventory are developed (Exhibit 3).

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
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
PUBLIC COMMENTS:

Public notification has included a legal ad in the paper. The meeting has been publicized on the Town’s website and through the Town’s social media platforms. As of the drafting of this report, no comments from the public have been received.

Page 224 ends

PAGE 7 of 8
SUBJECT: General Plan Amendment and Housing Element Overlay Zone/Z-23-002 and GP23-002 DATE: August 18, 2023
CONCLUSION:

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

1. Approval of a request to amend the 2020 General Plan Land Use Element to include a description of the Housing Element Overlay Zone; and

2. Approval of a request to amend the Town Code to modify the Affordable Housing Overlay Zone of Division 5, Article VIII Overlay Zones and Historic Preservation to be the Housing Element Overlay Zone.

B. Recommendation
Based on the analysis above, staff recommends that the Planning Commission consider the General Plan amendment and Zoning amendments 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 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 amendments to the Zoning Code is consistent with the General Plan and its elements in that the Zoning Code amendment is consistent with the proposed General Plan Land Use elements (Exhibit 1); and

4. Forward a recommendation of approval of General Plan Amendment application GP-23-002 and Zone Change application Z-23-002 to the Town Council.

C. Alternatives
Alternatively, the Planning Commission can:

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

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

Page 225 ends

PAGE 8 of 8
SUBJECT: General Plan Amendment and Housing Element Overlay Zone/Z-23-002 and GP23-002 DATE: August 18, 2023
EXHIBITS:

1. Draft Findings

2. Draft General Plan Amendment

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

Page 226 ends

PLANNING COMMISSION – August 23, 2023

REQUIRED FINDINGS
General Plan Amendment Application GP-23-002
Zone Change Application Z-23-002
Forward a Recommendation to the Town Council for a Request 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.

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 Site Inventory to comply with the Town’s Regional Housing Needs Allocation.
▪ That the proposed amendments to the Zoning Code are consistent with the General Plan and its Elements in that the Zoning Code amendment is consistent with the proposed General Plan land use designations.

EXHIBIT 1
S:\PLANNING COMMISSION REPORTS\2023\08-23-2023\Item 4 - HEOZ & GP Amendments\Exhibit 1 - Draft Findings.docx

Page 227 ends

This Page
Intentionally
Left Blank

Page 228 ends

LU-1
3 LAND USE ELEMENT
A. Introduction
Los Gatos is a mature, predominantly built-out community. While there is little room for growth or change in the physical environment, land use is dynamic and change is constant from within and outside the community.

Managing change in an effort to maintain our quality of life is a priority of this General Plan and the Community.

The Land Use Element is the framework of the General Plan and is intended to inform and shape the future physical development of Los Gatos. This Element sets forth the patterns of development activity and land uses that will support and enhance the character of the Town. Although all General Plan Elements are of equal importance, the Land Use Element is the most frequently used and referenced section of the General Plan.

Planning for neighborhood preservation and protection is one of the most important purposes of the Town’s General Plan. Preserving the small-town heritage, natural setting, and architectural diversity are also important to this community. One of Los Gatos’s most outstanding assets is the visual diversity of its individual neighborhoods. Existing development represents a variety of architectural styles from various eras, embodying a variety of sizes, design features, and building materials, resulting in neighborhoods with their own unique identity. For example, Downtown Los Gatos is the historic heart of Town with a pedestrian-scale setting of mixed land uses and architecturally historic buildings. It is a unique area that sets the spirit and style of the entire Town.

Maintaining neighborhood quality suggests conservation of existing housing, good street design, traffic control in residential neighborhoods, and development review that adheres to quality design. Factors such as new or excessive traffic, aging or inadequate infrastructure, and even economic pressures may cause disruption of neighborhoods. Neighborhood preservation also includes balancing the intensity of land uses with the existing residential density.

EXHIBIT 2 Page 229

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-2
Los Gatos also focuses on maintaining a “full-service” town that provides a range of goods and services that support the economic vitality of the Town. The commercial centers of Los Gatos are therefore also important to the community.

Under the Los Gatos Boulevard Plan, the community expressed interest in creating a shopping experience and destination that complements but does not compete with the Downtown.

Residential and non-residential uses produce different impacts on the community. The impacts on traffic, noise, schools, open space, and other qualityof-life issues will vary, depending on the final mixture of residential and nonresidential uses approved within the area. The overall planning for the area needs to limit the adverse impacts on the quality of life of all of the residents of Los Gatos and to provide for open space.

The Land Use Element describes land use designations, special planning areas, and existing land uses in Los Gatos. The Land Use Element is divided into the following sections:
 Introduction: A description of the requirements and contents of the Land Use Element.
 Existing Land Uses: A description of existing land uses in Los Gatos.  General Plan Land Use Designations: A description of the characteristics and intensity of the different land use designations in Los Gatos, including a map identifying the location of these land use designations.
 Special Planning Areas: A description of special planning areas, including Historic Districts and Specific Plan Overlays.
 Goals, Policies, and Actions: A list of goal, policy, and action statements that provide guidance to Los Gatos on land use decisions.

Page 230 ends

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-3
B. Authority for the Element
California Government Code Section 65302(a) and Public Resources Code Section 2762(a) require that the Land Use Element provide the following information:
 Distribution, location, and extent of land uses for categories of public or private uses. Such categories include, but are not limited to housing, business, industry, open space, natural resources, recreation and enjoyment of scenic beauty, education, and public buildings and grounds.  Population density and building intensity standards for land use designations.

The Land Use Element has the broadest scope of any of the State-required components of the General Plan. In addition to the State’s requirements set forth in the Government Code, it has also been legally established that, while the location of a particular land use may be expressed in general terms, a property owner must be able to identify the General Plan Land Use Designation for his/her parcel from the land use diagram contained in the Land Use Element.

Among the important implementation mechanisms for the Land Use Element are Specific Plans and the Town Code. The California Government Code requires that the Town Code and zoning map be consistent with its General Plan Land Use Element and land use map, and that all provisions of Specific Plans adopted by the Town must be consistent with the General Plan that they implement.

C. Relationship of Land Use Element to other Elements and Plans Because the Land Use Element sets the framework of the General Plan, the Land Use Element relates directly to all goals and policies of the other Elements and unifies the General Plan by providing the overall policy context for the other Elements. The relationship of the Land Use Element to other elements and plans is described below.

Page 231 ends

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-4
 The Land Use Element addresses circulation by setting out, in its map and policies, the location and size of all roadways in the Town coordinated with the land uses the roads will serve. It also notes the planned capacities of all other infrastructure systemsthat will be necessary to protect the health and welfare of the Town’s citizens.  The location, type, and density of residential units are key components of the Land Use Element. The Housing Element uses the density ranges specified in the Land Use Element to identify sites to meet the Town’s housing needs.
 The mandates of the Safety Element are reflected in the designation and location of land use, the permitted activities within designated areas, and the patterns of land use that support defensible space, the Town’s contingency plan, and fire and other hazard mitigation.
 The Land Use Element addresses buffers between noise sensitive uses and noise sources.
 The Town conserves resources through policies for the wise use of land, water, and energy.
 Air quality is improved by land use patterns that minimize vehicle travel within the Town.
 The Conservation Element goals address protecting and enhancing the natural environment. Programs that retain natural features such as tree preservation, limited grading, and water conservation maintain the natural character of Los Gatos.
 The Open Space Element refers to the location, character, and use of parks, recreational facilities, and preserved, unimproved land.  Land use designations protect and preserve open spaces.  The Land Use Element reflects the Town’s high priority for quality design.

Page 232 ends

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-5
 The Land Use and Community Design Elements preserve historical buildings and historic areas, limiting the size of houses, while careful de- sign of new infill developments protects the character of Los Gatos.  California State law requires that all Specific Plans and zoning regulations be consistent with the General Plan. The Hillside Specific Plan, the North Forty Specific Plan, the Redevelopment Plan, and other plans that may be adopted as necessary will be consistent with this General Plan.

D. Existing Land Uses
This section contains qualitative and quantitative descriptions of existing land uses in the Town of Los Gatos and Los Gatos’s Sphere of Influence (SOI). “Existing land uses” refers to the existing built environment, regardless of the General Plan land use designation or zoning designation applied by the Town. This initial assessment is based on data from the Santa Clara County Office of the Assessor. Existing land uses are illustrated in Figure LU-1 and listed in Table LU-1.

1. Residential – Single Family
Approximately 3,183 acres of land in Los Gatos are dedicated to parcels that contain a single, detached residence and related structures. Single-family residential land use is located throughout the Town, with the exception of the public and open spaces in the southern area of the Town and along commercial corridors immediately adjacent to Los Gatos Boulevard and Santa Cruz Avenue. In the SOI, approximately 2,728 acres of land are dedicated to single-family residential land.

2. Residential – Multi-Family
This land use category refers to parcels that contain more than one housing unit. It includes duplexes, triplexes, fourplexes, condominiums, and apartment buildings. This residential land use totals approximately 407 acres in the Town. There is no multi-family housing in the SOI. Multi-family uses are largely clustered in and around the Highway 17 corridor, either between

Page 233 ends

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
City of
Saratoga
City of
Campbell
·|}þ1 7
CURTNER AVENUE Town Boundary
Sphere of Influence
Water Body
Highway
Creek
City of
Monte Sereno
Vasona Lake
County Park
·|}þ8 5

LOS GATOS-ALMADEN ROAD

BLOSSOM HILL ROAD
City of
San Jose
Lexington
Reservoir
Unincorporated
Santa Clara County
0 0.5 1 Miles
Source: Santa Clara County Office of the Assessor, 2006; DC&E, 2008.

Existing Land Use
Single Family Residential
Multi-Family Residential
Commercial
Office/Professional
Light Industrial
Public Utilities
Public/Quasi-Public
Agricultural
Open Space/Recreation
Vacant
F I G U R E LU - 1

EX I S TI NG L A N D USE

UNION AVENUE

HARWOOD ROAD

Page 234 ends

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-7
TABLE LU-1 EXISTING LAND USES
Land Use Category
Number of
Acres
Percent
of Town
Acreage
Percent
of SOI
Acreage
Residential – Single Family 5,911 51.2% 51.9%
Residential – Multi-Family 407 6.5% 0%
Commercial 164 2.6% 0%
Office Professional 126 2% 0%
Light Industrial 37 0.6% 0%
Public/Quasi-Public 440 4.7% 2.8%
Public Utilities 39 0.5% 0.1%
Agricultural 112 1% 1%
Open Space/Recreation 3,841 26.2% 42.2%
Vacant 399 4.7% 2%
Total 11,476 100% 100%
Source: County of Santa Clara, Office of the Assessor, 2006.

Los Gatos Boulevard and Highway 17 or in the area south of Vasona Lake County Park. A significant pocket of multi-family housing is also located in the northwest corner of the Town, just south of the City of Campbell.

3. Commercial
Commercial land refers to parcels that contain either retail businesses—those offering specific products for sale—or businesses that provide day-to-day services such as grocery stores, restaurants, spas and salons, dry cleaners, and nurseries. There are approximately 164 acres of commercial uses in Los Gatos and 1 acre in the SOI. Most commercial parcels in Los Gatos are located along the Santa Cruz Avenue or Los Gatos Boulevard corridors.

Page 235 ends

LU-8

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

4. Office Professional
Office Professional land use refers to parcels that contain offices for medical, legal, insurance, consulting, and similar contracted services. Office and professional uses account for 125 acres in Los Gatos. Like commercial parcels, office professional parcels are concentrated along the Town’s primary commercial corridors. An additional cluster of office and professional uses is located near the Highway 17/85 interchange.

5. Light Industrial
The Light Industrial land use category refers to parcels used primarily for production, manufacturing, and research and development. Additional uses include self-storage and automobile service garages. There are approximately 37 acres of light industrial land uses in Los Gatos. Light industrial uses are concentrated in two small pockets, one just south of Highway 85 and east of Winchester Boulevard, and another along University Avenue, north of Blossom Hill Road.

6. Public/Quasi-Public
Public/Quasi-Public land uses include schools, libraries, police and fire stations, faith communities, and hospitals. These uses are distributed through- out Los Gatos, mostly in single parcels or small groups of parcels. Public/Quasi-Public land uses comprise approximately 291 acres of land in the Town and approximately 149 acres in the SOI.

7. Public Utilities
Public Utilities refer to uses related to communications and energy production and distribution. There are approximately 37 acres in the Town devoted to utilities divided between parcels scattered throughout Los Gatos. Many of these parcels are owned by San Jose Water Company and PG&E and are sites of communications infrastructure.

8. Agricultural
Agricultural land is used for raising and harvesting crops, breeding livestock, and/or housing equipment used for agricultural purposes. According to the Santa Clara County Assessor’s Office, about 64 acres of land scattered

Page 236 ends

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-9
throughout Los Gatos, and approximately 48 acres in the SOI, are devoted to existing agricultural uses. One of the largest areas of agricultural land is the North Forty site, which contains orchard trees, including walnut and fruit trees. Wine grapes can be found in the Santa Cruz Mountains hillside areas.

The California Land Conservation Act of 1965, better known as the Williamson Act, works to preserve agricultural and open space lands through restrictive use contracts administered by counties and cities under State regulations. Private landowners voluntarily restrict their land to agricultural and compatible open space uses under minimum 10-year rolling term contracts, with counties and cities also acting voluntarily. In return, the property tax on a Williamson Act parcel is assessed at a rate consistent with its actual use, rather than potential market value.

Figure LU-2 shows the location of all Williamson Act lands and their designation as well as farmland not covered by the Williamson Act.

Approximately 136 acres of land within the Town limits and 358 acres of land within the SOI are designated Williamson Act land.1 Of these, only 3.85 acres are considered “prime agricultural lands” under the definition of the Land Conservation Act. All of these lands occur in the Town’s SOI. In addition to Williamson Act lands, approximately 32 acres of Unique Farmland are located within Town limits and 8 acres within the SOI. “Unique Farmland” is a designation ap- plied by the State Department of Conservation to land that is capable of producing specific high value crops. In Los Gatos, it is applied to the orchards on the North Forty site.

9. Open Space/Recreation
Open Space/Recreation refers to indoor and outdoor recreational facilities, including public open spaces such as regional parks, community centers, 1 This number is higher than the number of acres in existing Agricultural use because Williamson Act include parcels that are classified by the Assessor as Agriculture, Open Space, and Single Family Residential. Single Family Residential may be considered an acceptable classification by the Assessor since Williamson Act contracts may include provisions for a limited number of dwelling units on the property.

Page 237 ends

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
City of
Campbell
CURTNER AVENUE Town Boundary
Sphere of Influence
Water Body
Creek
City of
Saratoga ·|}þ1 7
City of
Monte Sereno
Vasona Lake
County Park
·|}þ8 5

LOS GATOS-ALMADEN ROAD

BLOSSOM HILL ROAD
City of
San Jose
Lexington
Reservoir
Unincorporated
Santa Clara County
0 0.5 1 Miles
Source: State of California Department of Conservation 2006.

Williamson Act Lands
Prime Agricultural Land
Non-Prime Agricultural Land
Non-Prime/Non-Renewal Agricultural Land
State Farmland Designation

Unique Farmland
F I G U R E LU - 2

W I L L I A M S O N A C T AND U N I Q U E F A R M LAND UNION AVENUE HARWOOD ROAD

Page 238 ends

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-11
playgrounds and neighborhood parks, country clubs, and natural open spaces.

After Residential – Single Family land use, Open Space/Recreation comprises the second highest percentage of total land in Los Gatos. There are approximately 1,624 acres of open space in the Town and approximately 2,218 acres in the SOI. Much of this acreage is contained in four large facilities: St.

Joseph’s Hill and Sierra Azul Open Space to the south of Los Gatos, and Vasona Lake County Park and La Rinconada Country Club to the north.

10. Vacant
Approximately 292 acres within the Town are vacant parcels of varying sizes that are scattered throughout the Town. Most of the vacant acreage in Los Gatos is located in the single-family residential area on the eastern side of the Town. Parcels here are generally larger than they are elsewhere in Los Gatos, and a number of significantly sized parcels are vacant. Generally, vacancies are more common in residential areas of Los Gatos than in commercial areas, although a few small, isolated commercial vacancies exist. Additionally, the SOI contains approximately 107 acres of vacant property.

E. General Plan Land Use Designations
The Land Use Element is the basis for physical development in Los Gatos. The land use map and designations identify the general location, density, and extent of land available for residential and non-residential uses. Land use designations do not necessarily reflect the existing land use of each parcel. Figure LU-3 presents a map of the land use designations in Los Gatos. Each land use designation is listed and described below.

1. Residential Land Use Designations
This section provides a brief description of each residential land use designation and the desirable range of density for each designation.

Page 239 ends

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

LOS GATOS-ALMADEN ROAD

BLOSSOM HILL ROAD
City of
San Jose
Lexington
Reservoir
Unincorporated
Santa Clara County
0 0.5 1 Miles
Source: Town of Los Gatos, 2008; Santa Clara County Office of the Assessor, 2008.

General Plan Land Use
Hillside Residential
Low Density Residential
Medium Density Residential
High Density Residential
Mixed-Use Commercial
Central Business District
Neighborhood Commercial
Service Commercial
Office Professional
Light Industrial
Public
Agriculture
Open Space
North Forty Specific Plan Overlay
F I G U R E LU - 3
2020 G ENERAL

PLAN LAND USE

UNION AVENUE

HARWOOD ROAD

Page 240 ends

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-13
a. Hillside Residential: 0-1 dwelling units per net acre Up to 3.5 persons per acre
The Hillside Residential designation provides for very low density, rural, large lot or cluster, single-family residential development. This designation allows for development that is compatible with the unique mountainous terrain and vegetation of parts of Los Gatos.
b. Low Density Residential: 0-5 dwelling units per net acre Up to 17.5 persons per acre
The Low Density Residential designation provides for single-family residential properties located on generally level terrain. It encourages single-family residential development in either the standard development established by traditional zoning or by innovative forms obtained through planned development.
c. Medium Density Residential: 5-12 dwelling units per net acre Up to 24 persons per acre
The Medium Density Residential designation provides for multiple-family residential, duplex, and/or small single-family homes.
d. High Density Residential: 12-20 dwellings per net acre Up to 40 persons per acre
The High Density Residential designation provides for more intensive multifamily residential development. Its objective is to provide quality housing in close proximity to transit or a business area.
e. Mobile Home Park: 5-12 dwellings per net acre
Up to 24 persons per acre
The Mobile Home Park designation provides for mobile home parks. The intent is to provide and preserve Mobile Home Parks as a source of affordable housing. This designation is described in this Element; however, it is not represented on the accompanying General Plan Land Use Map.

Page 241 ends

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-14

2. Non-Residential Land Use Designations
For non-residential land uses, the specific uses mentioned are illustrative, and other compatible uses, including those authorized in any other Zoning District within the Town, may be permitted where authorized by a Conditional Use Permit or Planned Development Overlay Zone. In a mixed-use project residential uses may be permitted in conjunction with other permitted uses in non-residential Zoning Districts with the exception of the Commercial Indus- trial and Controlled Manufacturing Zoning Districts. For non-residential land uses, building intensity limits are indicated by either allowable land coverage or floor area ratio(FAR) and a maximum height limit.
 Office Professional: Up to 50 percent land coverage with a 35-foot height limit The Office Professional designation provides for professional and general business offices. This designation applies to various locations throughout the Town, often in close proximity to neighborhood- or community-oriented commercial facilities, or as a buffer between commercial and residential uses.

The intent of this designation is to satisfy the community’s need for general business and professional services and local employment.  Central Business District: 0.6 FAR with a 45-foot height limit The Central Business District designation applies exclusively to the down- town and accomplishes the following:
 Encourages a mixture of community-oriented commercial goods, services and lodging unique in its accommodation of small-town style merchants and maintenance of small-town character.
 Maintains and expands landscaped open spaces and mature tree growth without increasing setbacks.
 Integrates new construction with existing structures of historical or architectural significance and emphasizes the importance of the pedestrian.  Mixed-Use Commercial: Up to 50 percent land coverage with a 35-foot height limit
The Mixed-Use Commercial designation permits a mixture of retail, office, and residential in a mixed-use project, along with lodging, service, auto-related businesses, non-manufacturing industrial uses, recreational uses, and restaurants

Page 242 ends

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-15
Projects developed under this designation shall maintain the small- town, residential scale and natural environments of adjacent residential neighborhoods, as well as provide prime orientation to arterial street frontages and proper transitions and buffers to adjacent residential properties. This designation should never be interpreted to allow development of independent commercial facilities with principal frontage on the side streets. d. Neighborhood Commercial: Up to 50 percent land coverage with a 35- foot height limit
The Neighborhood Commercial designation provides for necessary day-today commercial goods and services required by the residents of the adjacent neighborhoods. This designation encourages concentrated and coordinated commercial development at easily accessible locations.
e. Service Commercial: Up to 50 percent land coverage with a 35-foot height limit
The Service Commercial designation provides for service businesses necessary for the conduct of households or businesses. These include auto repair, building materials sales, paint suppliers, janitorial services, towing businesses, contractors offices and yards, launderers and dry cleaners, as well as wholesaling and warehousing activities.
f. Light Industrial: Up to 50 percent land coverage with a 35-foot height limit
The Light Industrial designation provides for large-scale office developments and well-controlled research and development, industrial-park-type and ser- viceoriented uses subject to rigid development standards. These uses should respond to community or region-wide needs.
g. Public
The Public designation identifies public facilities in the Town such as the Civic Center, courthouse, schools, parks, libraries, hospitals, churches, and fire stations.

Page 243 ends

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-16
h. Agriculture
The Agricultural designation identifies areas for commercial agricultural crop production.
i. Open Space
The Open Space designation identifies the location of public parks, open space preserves, private preserves, and stream corridors.

F. Special Planning Areas
Development in Los Gatos can be targeted to achieve a more specific outcome by designating specific overlay zones and special planning areas. These areas have more detailed development guidelines that remain consistent with existing policies. Los Gatos has three overlay zones that implement land use policies through the Town Code, five Historic Districts, three Specific Plans, and one Redevelopment Project Area.

1. Overlay Zones
There are three overlay zones in the Town Code, the Landmark and Historic Preservation, Planned Development, and Public School Overlay Zones.  Landmark and Historic Preservation (LHP) Overlay Zone. This zone is designated by Town Council and is applied to individual sites and structures or small areas deemed of architectural and/or historical significance. The structure(s) in LHP overlays are subject to special standards regarding their appearance, use, and maintenance.
 Planned Development (PD) Overlay Zone. The PD overlay zone is intended to ensure orderly planning and quality design that will be in harmony with the existing or potential development of the surrounding neighborhood. The Planned Development Overlay is a specially tailored development plan and ordinance which designates the zoning regulations for the accompanying project, sets specific development standards, and ensures that zoning and the General Plan are consistent. Commercial,

Page 244 ends

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-17
residential or industrial property or a mixture of these uses may be considered for a Planned Development Overlay.
 Public School (PS) Overlay Zone. The PS overlay zone is intended to allow school buildings to be used, without extensive exterior modifications, in ways which will make it unnecessary to sell school facilities. The overlay permits a variety of community-related and education- related uses, including, but not limited to, museums, community centers, playgrounds, and nursery schools. Any land owned by a public school district (regardless of underlying zone) may be zoned PS.
 Housing Element Overlay Zone (HEOZ). The HEOZ is intended to increase the supply and the mix of housing types, tenure, and affordability within the Town of Los Gatos. Through appropriate densities, the housing element overlay zone encourages the development of housing affordable to all income levels as described in the 2023-2031 Housing Element Sites Inventory to comply with the Town’s Regional Housing Needs Allocation (RHNA) for the sixth cycle Planning period and listed in Table LU-2.

TABLE LU-2 HEOZ Development Standards
Designation Standards
Low Density Residential Density: 0 – 5 du/ac
Lot Coverage: Up to 50%
Max. Height: 30 feet
Medium Density Residential Density: 14 – 22 du/ac
Density in Very High Fire Hazard
Severity Zones: 5 – 12 du/ac
Lot Coverage: Up to 75%
Max. Height: 35 feet
High Density Residential Density: 30 – 40 du/ac
Lot Coverage: Up to 75%
Max. Height: 45 feet
Mixed-Use Density: 30 – 40 du/ac
FAR: Up to 3.0
Max. Height: 45 feet
Neighborhood Commercial Density: 10 – 20 du/ac
FAR: Up to 1.0
Max. Height: 35 feet
Central Business District Density: 20 – 30 du/ac
FAR: Up to 2.0
Max. Height: 45 feet
North Forty Specific Plan As defined in Specific Plan

Page 245 ends

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-18
Office Professional Density: 10 – 20 du/ac
FAR: Up to 1.0
Max. Height: 35 feet
Service Commercial Density: none
FAR: Up to 1.0
Max. Height: 35 feet
Light Industrial Density: none
FAR: Up to 1.0
Max. Height: 35 feet

2. Historic Districts
The Town has established five historic districts to preserve neighborhoods deemed significant to the history of Los Gatos.
 Almond Grove Historic District. An approximately 40-acre area that constitutes the largest subdivision following incorporation of the Town of Los Gatos. This District was established by ordinance in 1980.  Broadway Historic District. An approximately 100-acre area that is the site of the first residential subdivision and first residential street in the Town of Los Gatos. This District was established by ordinance in 1985.  Los Gatos Historic Commercial District. Bounded by Elm Street to the north, Main Street to the south, Los Gatos Creek to the east, and North Santa Cruz Avenue to the west. The Town’s only concentration of intact historic commercial buildings. It was established by ordinance in 1991.
 Fairview Plaza Historic District. Limited to the cul-de-sac termination of Fairview Plaza, part of an historic subdivision originally surveyed in 1885 known as the “Fairview Addition.” The District retains the same configuration as originally mapped and contains a rare collection of Victorian and Craftsman homes, unique in their compact scale and proximity to one another. This District was established by ordinance in 1992.  University/Edelen Historic District. Bounded by Saratoga Avenue to the north, Main Street to the south, Los Gatos Creek to the east, and the former Southern Pacific Railroad right-of-way to the west. The District is composed of five subdivisions that predate 1900 and contain a number of residential and commercial structures of mixed architectural styles. This District was established by ordinance in 1991. All of Los Gatos’s historic districts are defined by structures that contribute to the District. In every District, the transformation of these structures is tightly regulated.

Demolition of contributing structures is strictly prohibited. In addition, all restoration, rehabilitation, and new construction of principal units must adhere to a series of guidelines for preserving architectural heritage and conforming to existing style. Any modifications to the original design are either restricted or prohibited.

Page 246 ends

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-19

3. Overlay Designation
The North Forty Specific Plan Overlay is applied to the approximately 40-acre property bounded by Los Gatos Boulevard to the east, Highway 17 to the west, Lark Avenue to the south, and Highway 85 to the North. This Overlay requires the preparation and adoption of a specific plan that will determine the mix of uses, dimensional standards, architectural standards, phasing, and infrastructure to support the development of the property prior to approval of any entitlements. Drawing on the draft North Forty Specific Plan prepared in 1999, the General Plan overlay designation is intended to help guide the future development of this property. The 2020 General Plan Environmental Impact Report assumed a maximum capacity of 750 mixed residential units and 580,000 square feet of retail and offices uses for the purposes of assessing environmental impacts associated with the development of the property. While this is the maximum development capacity under this General Plan, the specific plan may be approved with lower densities and square footage of residential and commercial uses, respectively. The North Forty Specific Pan will be based on the following general guidelines:
 Include a mixture of uses that will complement the Downtown and the rest of the community.
 Be based on sustainable and “smart” development practices.

Page 247 ends

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-20
 Include public gathering spaces such as a plaza and park.  Provide for a variety of residential housing types, both rental- and owneroccupied. A minimum of 20 percent of the units shall be affordable to households at the moderate income level or below.
 Include high-quality architecture and design that reflects the rural and agricultural history of the site.
 Provide pedestrian-oriented buildings along the Los Gatos Boulevard frontage, with minimal parking oriented to the street.
 Take advantage of the grade change across the site.
 Continue the “boulevard treatment” along Los Gatos Boulevard, with interconnections from one parcel’s drive aisle to the next.  Include connections to existing intersections along Los Gatos Boulevard and Lark Avenue.
 Develop gateway or landmark features at Los Gatos Boulevard and Lark Avenue and at Los Gatos Boulevard and the Highway 85 off-ramp.  Provide an easily accessible, fully connected street network that encourages walking.
 Provide a vegetative buffer and screening along Highways 17 and 85.  Preserve Town character and views.

4. Other Plans
The Hillside Specific Plan and Los Gatos Boulevard Plan areas are each developed according to separate land use goals and in different areas of the Town. In addition to these approved Specific Plans, the Town will be developing a North Forty Specific Plan.
a. Hillside Specific Plan
The Hillside Specific Plan establishes land use policy for the Hillside Study Area, an area of mountainous terrain in the southeastern portion of the Town designated for Hillside Residential development. Adopted by Town Council in 1978, the Specific Plan establishes a series of policies and standards related

Page 248 ends

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-21
to land use, facilities, services, circulation, fire protection, safety, and open space.

These policies and standards are intended to prevent deficiencies in access to water and sewer services, ensure conservation of the sensitive natural environment, and address differences in Town and County land use regulations.

Development in the Hillside Specific Plan area is prohibited outside of designated “least restrictive development areas” (LRDAs) unless it is compliant with conditions established in the Plan.
b. Los Gatos Boulevard Plan
Adopted by Town Council in 1997, the Los Gatos Boulevard Specific Plan is a policy framework for meeting a series of short, medium, and long range goals related to the commercial revitalization of Los Gatos Boulevard. This Specific Plan is based on a land use concept for which higher density, mixeduse commercial development in the north of the Specific Plan area transitions into residential and community clusters, and then into existing residential neighborhoods just south of the Specific Plan area. This Specific Plan contains policies and design standards targeting safe, attractive public improvements; pedestrian-oriented activity nodes; vital, commercial land use; distinct gateways, and site-appropriate private improvements. c. Central Los Gatos Redevelopment Project
The Central Los Gatos Redevelopment Project, which focuses on an area located around Downtown Los Gatos, contains a mix of residential and non- residential land use designations. The Town of Los Gatos Redevelopment Agency has the authority to facilitate property acquisition and management, construction of public improvements, structural rehabilitation, and site assembly within the Project Area. The project was adopted in 1991, following the 1989 Loma Prieta earthquake. The main objectives of the project are to eliminate blight, assemble land parcels for improved development, strengthen the economic base of downtown, and improve undeveloped and underutilized areas.

Page 249 ends

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-22
G. Goals, Policies, and Actions
The following goals, policies, and actions guide future physical development throughout Los Gatos.

Policy LU-1.1 Encourage developers to engage in discussions as early as possible regarding the nature and scope of the project and possible impacts and mitigation requirements.

Policy LU-1.2 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-1.5 Encourage private/public funding, development, and operation of cultural amenities, activities, and centers consistent with the small-town character of Los Gatos.

Goal LU-1 To preserve, promote, and protect the existing small-town character and quality of life within Los
Gatos.

Page 250 ends

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

Policy LU-1.7 Use task forces, ad hoc committees and other means as appropriate to involve residential and commercial interests in Town matters.

Policy LU-1.8 Commercial development of any type (office, retail, research and development, etc.) shall be designed in keeping with the small-town character of Los Gatos.

Policies
Policy LU-2.1 Minimize vehicle miles traveled for goods and services by allowing and encouraging stores that provide these goods within walking distance of neighborhoods in Los Gatos.

Policy LU-2.2 Promote telecommuting and home-based businesses by allowing live-work and work-live uses in existing and future residential development.

Goal LU-2 To maintain a balanced, economically stable community within environmental goals.

Goal LU-3 To coordinate with surrounding jurisdictions and other local and regional agencies that may affect Los
Gatos’s future development patterns and character.

Page 251 ends

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.

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.

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.

Page 252 ends

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

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.

Page 253 ends

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.

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

Page 254 ends

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

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.

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.

Page 255 ends

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

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.

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

Page 256 ends

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

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-9.7 “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.

Page 257 ends

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-9.10 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.

Page 258 ends

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

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.

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.

Page 259 ends

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-11.5 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.

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.

Page 260 ends

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-12.9 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.

Page 261 ends

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.

Page 262 ends

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.

Page 263 ends

This Page
Intentionally
Left Blank

Page 264 ends

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.

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).

29.40.530, and

Page 2 of 2 ends

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

Page 266 ends

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.

Page 267 ends

This Page
Intentionally
Left Blank

Page 268 ends

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

Page 269 ends

This Page
Intentionally
Left Blank

Page 270 ends

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 271
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

Page 272 ends

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

Page 273 ends

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

Page 274 ends

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

Page 275 ends

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?

Page 276 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
3 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
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

Page 277 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
4 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
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.

Page 278 ends

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.

Page 279 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
6 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 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 280 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 281 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 282 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

Page 283 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
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 284 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 285 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 286 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)

Page 287 ends

This Page
Intentionally
Left Blank

Page 288 ends

PREPARED BY: Jocelyn Shoopman, Associate Planner and
Erin Walters, Associate Planner
Reviewed by: Town Manager, 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

COUNCIL AGENDA REPORT
MEETING DATE: 11/07/2023
ITEM NO: 16

ADDENDUM
DATE: November 6, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Approve a Recommendation of the Planning Commission to Adopt a Resolution to Amend the General Plan to Include a Description of the Housing Element Overlay Zone and Introduce an Ordinance Titled “An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, ‘Zoning Regulations,’ of the Town Code to Replace the Affordable Housing Overlay Zone Division 5 of Article VIII, ‘Overlay Zones and Historic Preservation,’ With 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 and Town Code Amendments. No further Environmental Analysis is Required. Zoning Code Amendment Application Z-23-002 and General Plan Amendment Application GP-23-002.

Applicant: Town of Los Gatos. Project Planners: Jocelyn Shoopman and Erin Walters.

REMARKS:

There was an error included in the Draft Resolution for the General Plan Amendment provided in Attachment 1. A revised Draft Resolution for the General Plan Amendment has been provided in Attachment 8 for the Town Council’s consideration.

ATTACHMENTS:

Attachments Previously Received with the November 7, 2023, Staff Report:

1. Draft Resolution for the General Plan Amendment with Exhibit A

2. Draft Ordinance for the Zoning Amendment with Exhibit A

3. Draft Town Code Amendments in Tracked Changes

Page 289 ends

PAGE 2 of 2
SUBJECT: General Plan Amendment and Housing Element Overlay Zone/Z-23-002 and GP23-002 DATE: November 6, 2023
Attachments Previously Received with the November 7, 2023, Staff Report (continued):

4. August 23, 2023, Planning Commission Staff Report with Exhibits 1-3

5. August 23, 2023, Planning Commission Addendum with Exhibit 4

6. August 23, 2023, Planning Commission Desk Item with Exhibits with Exhibit 5

7. August 23, 2023, Planning Commission Verbatim Minutes Attachment Received with this Addendum:

8. Revised Draft Resolution for the General Plan Amendment with Exhibit A

Page 290 ends

1 of 2
Draft Resolution Date
DRAFT RESOLUTION 2023-___

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING THE 2020 GENERAL PLAN LAND USE ELEMENT TO
INCLUDE A DESCRIPTION OF THE HOUSING ELEMENT OVERLAY ZONE.

GENERAL PLAN AMENDMENT APPLICATION GP-23-002
PROPERTY LOCATION: TOWN WIDE
APPLICANT: TOWN OF LOS GATOS
WHEREAS, the General Plan Committee at its meeting of July 20, 2023, recommended that the 2020 General Plan Land Use Element be amended to include a description of the Housing Element Overlay Zone; and
WHEREAS, the Planning Commission at its meeting on August 23, 2023, reviewed the proposed General Plan amendment and forwarded a recommendation of approval to the Town Council; and
WHEREAS, the Town Council at its meeting on October 3, 2023, reviewed the proposed General Plan amendment, held a public hearing, and adopted a resolution to amend the 2020 General Plan Land Use Element to include a description of the Housing Element Overlay Zone; WHEREAS, however, because the project description in the public hearing notice did not include the Planning Commission’s recommendation, the item has been re-noticed for the Town Council’s consideration; and
WHEREAS, this matter was regularly noticed in conformance with State and Town law and came before the Town Council for public hearing on November 7, 2023; and WHEREAS, the Town Council accepted the report of the Planning Commission’s recommendation of approval for the proposed General Plan amendment and held a public hearing; and
WHEREAS, the Town Council considered all facts and information related to the request to amend the 2020 General Plan Land Use Element to include a description of the Housing Element Overlay Zone as shown on Exhibit A.

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

ATTACHMENT 8

Page 291 ends

2 of 2
Draft Resolution Date

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

1. 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 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 the Town’s Regional Housing Needs Allocation; and C. The Town has complied with the requirements set forth in Government Code Section 65350 and following.

2. The 2020 General Plan Land Use Element is amended to include the description of the Housing Element Overlay Zone shown in Exhibit A to this Resolution.

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the ____day of ________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 292 ends

LU- 1
3 LAND USE ELEMENT
A. Introduction
Los Gatos is a mature, predominantly built-out community. While there is little room for growth or change in the physical environment, land use is dynamic and change is constant from within and outside the community.

Managing change in an effort to maintain our quality of life is a priority of this General Plan and the Community.

EXHIBIT A

Page 293 ends

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- 2
Los Gatos also focuses on maintaining a “full-service” town that provides a range of goods and services that support the economic vitality of the Town. The commercial centers of Los Gatos are therefore also important to the community.

Under the Los Gatos Boulevard Plan, the community expressed interest in creating a shopping experience and destination that complements but does not compete with the Downtown.

The Land Use Element describes land use designations, special planning areas, and existing land uses in Los Gatos. The Land Use Element is divided into the following sections:
 Introduction: A description of the requirements and contents of the Land Use Element.
 Existing Land Uses: A description of existing land uses in Los Gatos.  General Plan Land Use Designations: A description of the characteristics and intensity of the different land use designations in Los Gatos, including a map identifying the location of these land use designations.  Special Planning Areas: A description of special planning areas, including Historic Districts and Specific Plan Overlays.
 Goals, Policies, and Actions: A list of goal, policy, and action statements that provide guidance to Los Gatos on land use decisions.

Page 294 ends

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

Page 295 ends

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

Page 296 ends

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

Page 297 ends

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

LOS GATOS-ALMADEN ROAD

BLOSSOM HILL ROAD
City of
San Jose
Lexington
Reservoir
Unincorporated
Santa Clara County
0 0.5 1 Miles
Source: Santa Clara County Office of the Assessor, 2006; DC&E, 2008.

EX I S T I NG L A N D U SE

UNION AVENUE

HARWOOD ROAD
LU-6

Page 298 ends

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

Page 299 ends

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-8

Page 300 ends

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

Figure LU-2 shows the location of all Williamson Act lands and their designation as well as farmland not covered by the Williamson Act.

Page 301 ends

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
City of
Campbell
CURTNER AVENUE Town Boundary
Sphere of Influence
Water Body
Creek
City of
Saratoga ·|}þ1 7
City of
Monte Sereno
Vasona Lake
County Park
·|}þ8 5

LOS GATOS-ALMADEN ROAD

BLOSSOM HILL ROAD
City of
San Jose
Lexington
Reservoir
Unincorporated
Santa Clara County
0 0.5 1 Miles
Source: State of California Department of Conservation 2006.

Williamson Act Lands
Prime Agricultural Land
Non-Prime Agricultural Land
Non-Prime/Non-Renewal Agricultural Land
State Farmland Designation
Unique Farmland

UNION AVENUE

HARWOOD ROAD
LU-10

Page 302 ends

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-11
playgrounds and neighborhood parks, country clubs, and natural open spaces.

Joseph’s Hill and Sierra Azul Open Space to the south of Los Gatos, and Vasona Lake County Park and La Rinconada Country Club to the north.

1. Residential Land Use Designations
This section provides a brief description of each residential land use designation and the desirable range of density for each designation.

Page 303 ends

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

LOS GATOS-ALMADEN ROAD

BLOSSOM HILL ROAD
City of
San Jose
Lexington
Reservoir
Unincorporated
Santa Clara County
0 0.5 1 Miles
Source: Town of Los Gatos, 2008; Santa Clara County Office of the Assessor, 2008.

PLAN LAND USE

UNION AVENUE

HARWOOD ROAD

Page 304 ends

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

Page 305 ends

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-14

2. Non-Residential Land Use Designations
For non-residential land uses, the specific uses mentioned are illustrative, and other compatible uses, including those authorized in any other Zoning District within the Town, may be permitted where authorized by a Conditional Use Permit or Planned Development Overlay Zone. In a mixed-use project residential uses may be permitted in conjunction with other permitted uses in non-residential Zoning Districts with the exception of the Commercial Indus- trial and Controlled Manufacturing Zoning Districts. For non-residential land uses, building intensity limits are indicated by either allowable land coverage or floor area ratio(FAR) and a maximum height limit.
a. Office Professional: Up to 50 percent land coverage with a 35-foot height limit The Office Professional designation provides for professional and general business offices. This designation applies to various locations throughout the Town, often in close proximity to neighborhood- or community-oriented commercial facilities, or as a buffer between commercial and residential uses.

The intent of this designation is to satisfy the community’s need for general business and professional services and local employment. b. Central Business District: 0.6 FAR with a 45-foot height limit The Central Business District designation applies exclusively to the down- town and accomplishes the following:
 Encourages a mixture of community-oriented commercial goods, services and lodging unique in its accommodation of small-town style merchants and maintenance of small-town character.
 Maintains and expands landscaped open spaces and mature tree growth without increasing setbacks.
 Integrates new construction with existing structures of historical or architectural significance and emphasizes the importance of the pedestrian. c. Mixed-Use Commercial: Up to 50 percent land coverage with a 35-foot height limit
The Mixed-Use Commercial designation permits a mixture of retail, office, and residential in a mixed-use project, along with lodging, service, auto-related businesses, non-manufacturing industrial uses, recreational uses, and restaurants.

Page 306 ends

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

Page 307 ends

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

Page 308 ends

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

Page 309 ends

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

Page 310 ends

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-19

Page 311 ends

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

Page 312 ends

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-21
to land use, facilities, services, circulation, fire protection, safety, and open space.

Page 313 ends

T O W N O F L O S G A T O S
2020 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-22
G. Goals, Policies, and Actions
The following goals, policies, and actions guide future physical development throughout Los Gatos.

Policy LU-1.1 Encourage developers to engage in discussions as early as possible regarding the nature and scope of the project and possible impacts and mitigation requirements.

Policy LU-1.2 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-1.5 Encourage private/public funding, development, and operation of cultural amenities, activities, and centers consistent with the small-town character of Los Gatos.

Goal LU-1 To preserve, promote, and protect the existing small-town character and quality of life within Los
Gatos.

Page 314 ends

T O W N O F L O S G A T O S
2020 G E N E R A L P L A N

Policy LU-1.7 Use task forces, ad hoc committees and other means as appropriate to involve residential and commercial interests in Town matters.

Policy LU-1.8 Commercial development of any type (office, retail, research and development, etc.) shall be designed in keeping with the small-town character of Los Gatos.

Policies
Policy LU-2.1 Minimize vehicle miles traveled for goods and services by allowing and encouraging stores that provide these goods within walking distance of neighborhoods in Los Gatos.

Policy LU-2.2 Promote telecommuting and home-based businesses by allowing live-work and work-live uses in existing and future residential development.

Goal LU-2 To maintain a balanced, economically stable community within environmental goals.

Goal LU-3 To coordinate with surrounding jurisdictions and other local and regional agencies that may affect Los
Gatos’s future development patterns and character.

Page 315 ends

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.

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.

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.

Page 316 ends

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

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.

Page 317 ends

T O W N O F L O S G A T O S
2020 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.

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

Page 318 ends

T O W N O F L O S G A T O S
2020 G E N E R A L P L A N

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.

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.

Page 319 ends

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

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.

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

Page 320 ends

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

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-9.7 “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.

Page 321 ends

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-9.10 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.

Page 322 ends

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

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.

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.

Page 323 ends

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-11.5 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.

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.

Page 324 ends

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-12.9 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.

Page 325 ends