Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Community Development Director, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 12/03/2024
ITEM NO: 17
DESK ITEM
DATE: December 3, 2024
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Introduce an Ordinance Amending Chapter 29 (Zoning Regulations) of the Town Code Regarding State Mandated Density Bonuses, Pursuant to Implementation Program R of the 2023-2031 Housing Element. Adoption of this Ordinance is Exempt Pursuant to CEQA, Section 15061(b)(3) in That It Can be Seen with Certainty That It Will Not Impact the Environment, Because the Town is Already Subject to Government Code Sections 65915 and Following.
Town Code Amendment Application A-24-005. Project Location: Town Wide.
Applicant: Town of Los Gatos.
Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos Amending Chapter 29, “Zoning,” of the Town Code to Update the Town's Density Bonus Ordinance to Reflect Changes Made in State Law.
REMARKS:
Attachment 4 contains the staff presentation.
Attachments Received with the Staff Report:
1. Existing Density Bonus Ordinance
2. Current Version of Government Code 65915-65918
3. Draft Density Bonus Ordinance
Attachment Received with this Desk Item:
4. Staff Presentation
This Page Intentionally Left Blank
Update To Density Bonus Ordinance
Town Council Meeting
December 3, 2024
ATTACHMENT 4
BACKGROUND
Implementation Program R of
the Housing Element requires
the update of the Density Bonus
Ordinance to comply with
state law.
BACKGROUND
Government Code Sections 65915 – 65918 encourage
the development of affordable housing by providing
housing developers with certain incentives such as
increasing density above the maximum allowed on the
site by local zoning, reductions in local parking
standards, concessions to reduce project costs, and
reductions or waivers of applicable development
standards.
BACKGROUND
The level of the density bonus
and the number of incentives or
concessions increase as the
percentage of affordable housing
provided increases.
BACKGROUND
The Town’s existing Density
Bonus Ordinance (Exhibit 2) is
codified in Section 29.10.405
through 29.10.440 of the
Town Code.
Chapter Title Date
DISCUSSION
The proposed ordinance is based on a
template developed by the Association
of Bay Area Governments (ABAG) and
incorporates all recent revisions to State
Density Bonus law.
Chapter Title Date
DISCUSSION
The changes include requiring that applicants submit an application form showing the following items:
• The number of proposed affordable units by income
level, the number of density bonus units proposed, the
total number of dwelling units proposed on the site, and resulting density per acre;
• A tentative map or preliminary site plan;
• Zoning and General Plan designations and assessor’s
parcel numbers of the site;
Chapter Title Date
DISCUSSION
• A description of all dwelling units existing on the
site in the five-year period preceding submittal of
the application, including income and household
size of renters;
• The proposed phasing of affordable units in
relation to market rate units; and
• The marketing plan for the affordable units.
Chapter Title Date
DISCUSSION
When an applicant seeks an incentive, the applicant shall explain and provide and the following items:
• Detailing what the requested incentive is;
• Reasonable documentation to show that the requested
incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents;
• If a waiver is sought, documentation that the Town’s
development standard will physically preclude construction of the project as proposed; and
• Requests for any parking reductions sought.
Chapter Title Date
DISCUSSION
Proposed ordinance was reviewed
by Planning Commission and is
recommended for adoption.
Chapter Title Date
DISCUSSION
If introduced, the ordinance will
return to the Town Council for
adoption on December 17th and
take effect 30 days after
adoption.
QUESTIONS?