Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 12/03/2024
ITEM NO: 19
DESK ITEM
DATE: December 3, 2024
TO: Mayor and Town Council
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Introduce a Replacement Units Ordinance and Adopt a Resolution Adopting Replacement Units Guidelines, Pursuant to Implementation Program AU 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 State Law. Town Code Amendment Application A-24-007. 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 Add Division 12, “Replacement Housing Units,” to Article I, “General.”
REMARKS:
Attachment 3 contains the staff presentation.
Attachments Received with the Staff Report:
1. Draft Ordinance Codifying Replacement Units Requirement
2. Draft Resolution Adopting Replacement Units Guidelines with Exhibit A Attachment Received with this Desk Item:
3. Staff Presentation
This Page Intentionally Left Blank
Adoption of a Replacement
Units Ordinance and Adoption
of a Resolution Adopting
Replacement Units Guidelines
Town Council Meeting
December 3, 2024
ATTACHMENT 3
BACKGROUND
Implementation Program AU of the
Town’s certified 2023-2031 Housing
Element states that the Town will
adopt a policy requiring replacement
housing units in specified instances.
Chapter Title Date
DISCUSSION
Several State Laws Require Replacement
Units:
• Density Bonus Law
• Housing Element Law
• Housing Crisis Act of 2019
Chapter Title Date
DISCUSSION
Density Bonus Law
When a project proposes to demolish
existing housing, or where rental housing
existed on the site within the previous five
years, the applicant must replace those
units.
Chapter Title Date
DISCUSSION
Housing Element Law
• When a housing project is proposed for
property in Sites Inventory, Town
determines whether site contains or
contained rental housing.
• If so, the rental units must be replaced.
Chapter Title Date
DISCUSSION
Housing Crisis Act of 2019
• Non-residential developments must now also
provide replacement housing.
• In addition, displaced, low-income residents
are entitled to relocation benefits and a right
of first return.
SUMMARY
Staff recommends introduction of ordinance
in order to align with existing state law
requirements and respond to Implementation
Program AU of the 2023-2031 certified
Housing Element.
SUMMARY
Planning Commission has reviewed
proposed ordinance and recommends
adoption.
SUMMARY
If introduced, ordinance will return for
adoption on December 17th and take
effect 30 days after adoption.
QUESTIONS?