Agenda packet — Los Gatos City Council, January 21, 2025 (part 4 of 4)

ITEM NO. 14.

PAGE 5 OF 5
SUBJECT: 120 Oak Meadow Drive/M-20-011, PD-20-002, S-22-021 DATE: December 6, 2024
Exhibits previously received with the July 24, 2024, Desk Item:

17. Public Comments received between 11:01 a.m., Friday, July 19, 2024, and 11:00 a.m., Wednesday, July 24, 2024
Exhibits Received with this Staff Report:

18. July 24, 2024 Planning Commission Minutes

19. HOA Approval Letter

20. Applicant Response Letter

21. Revised Development Plans

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110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov

TOWN OF LOS GATOS

PLANNING COMMISSION
REPORT

MINUTES OF THE PLANNING COMMISSION MEETING
JULY 24, 2024
The Planning Commission of the Town of Los Gatos conducted a Regular Meeting on Wednesday, July 24, 2024, at 7:00 p.m.

MEETING CALLED TO ORDER AT 7:00 PM

ROLL CALL

Present: Chair Steve Raspe, Commissioner Jeffrey Barnett, Commissioner Susan Burnett, Commissioner Melanie Hanssen, Commissioner Kathryn Janoff, and Commissioner Adam Mayer

Absent: Vice Chair Emily Thomas

PLEDGE OF ALLEGIANCE

VERBAL COMMUNICATIONS
None.

CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)

1. Approval of Minutes – June 26, 2024

2. Approval of Minutes – July 10, 2024
MOTION: Motion by Commissioner Barnett to approve adoption of the Consent Calendar. Seconded by Commissioner Mayer.

VOTE: Motion passed unanimously.

PUBLIC HEARINGS

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PAGE 2 OF 4
MINUTES OF PLANNING COMMISSION MEETING OF JULY 24, 2024

3. 120 Oak Meadow Drive
Subdivision Application M-20-011
Planned Development Application PD-20-002
Architecture and Site Application S-22-021
APN 529-10-131
Applicant: Terence J. Szewczyk (M-20-011 and PD-20-002) and Jay Plett, Architect (S-22-021)
Property Owner: Marty and Penny McFarland
Project Planner: Sean Mullin
Requesting approval for Modification of Planned Development Ordinance 1412, subdivision of one lot into two lots, construction of a single-family residence, and site work requiring a Grading Permit on property zoned O:PD. Categorically exempt pursuant to CEQA Guidelines Section 15315: Minor Land Divisions; 15303: New Construction; and 15304: Minor Alterations to Land.

Sean Mullin, Senior Planner, presented the staff report.

Opened Public Comment.

Terence J. Szewczyk, Applicant
- This project represents the ideal creation of generational housing on one parcel, which is the intent of SB 9. We would have changed this to an SB 9 application, but the underlying zoning is Office, so we are unable to use SB 9. We ask the Planning Commission to recommend to the Town Council modification of the PD zoning to allow for this additional house. The McFarlands want to build a house for their two daughters. We have carefully sited this house for tree protection, safety, and the least impact from the driveway. We have to increase the driveway slope to get up higher to avoid damaging the base of some spectacular oak trees. Oak Meadow Drive is a private road and it would not be unreasonable for the applicants to agree to a condition to participate in road maintenance.

Marty McFarland, Property Owner
- We have lived on this property for over 32 years and are excited about this project and the opportunity to provide a lot to our two daughters to build a house. Our youngest daughter is a local special education teacher, and teachers don’t make a lot of money.

Paul Vieth
- My wife and I live across from the McFarlands and I am one of the board members of Regency Court HOA. In 1985 the McFarland’s lot was removed from the HOA except for the purposes of contributing to road maintenance, and pursuant to that agreement the HOA retains a right of architectural control over that lot. The CC&Rs go along with the deed and contain clear guidelines on architectural approval by the CC&Rs and bylaws, and

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PAGE 3 OF 4
MINUTES OF PLANNING COMMISSION MEETING OF JULY 24, 2024 that process has not occurred. There was never an attempt to review this with the Architectural Committee or the HOA. In October 2021, the HOA denied Mr. McFarland’s request to give up two of our seven community parking spots so he could put a driveway on the other side. The HOA also expressed that we do not want to change the view, see a house in the immediate view, or have windows facing our home, as well as several other issues.

Desiree Hedberg
- I am a therapist with my business adjacent to the subject property, and my concern is the construction noise could be significant and impact my business in a very negative way. My question is what the audio impact might be?
Terence J. Szewczyk, Applicant
- If we have overlooked the formal HOA Architectural Committee review of the plans, we will complete that.

Jay Plett, Architect
- The window that faces the townhomes is a bedroom window, not a place where people will gather and be looking down. The house has a 6.5-foot setback, but then there is 20 feet of parking and then a road for the townhomes, so the proposed home and its windows would be probably 30 feet away from anybody. The existing McFarland’s home is just as close to the street, and there are townhomes that almost border on the road. There is noise when anything is built, but we don’t anticipate driving piles or anything that would make excessive noise, just typical construction noise.

Closed Public Comment.

Commissioners discussed the matter.

Opened Public Comment.

Commissioners asked questions of the applicant.

Closed Public Comment.

MOTION: Motion by Chair Raspe to continue the public hearing for 120 Oak Meadow Drive to a date uncertain. Seconded by Commissioner Janoff.

VOTE: Motion passed unanimously.

REPORT FROM THE COMMUNITY DEVELOPMENT DEPARTMENT

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ITEM NO. 14.

PAGE 4 OF 4
MINUTES OF PLANNING COMMISSION MEETING OF JULY 24, 2024 Jennifer Armer, Planning Manager
• The Planning Commission meeting of August 14, 2024 will be cancelled due to lack of items.
• This is the final meeting for Commissioner Janoff and Commissioner Mayer. Staff thanked them for their service to the Town of Los Gatos.

SUBCOMMITTEE REPORTS/COMMISSION MATTERS
Historic Preservation Committee
Commissioner Burnett
- The HPC met on July 24, 2024.

Commission Matters
Chair Raspe
- This will be the final Planning Commission meeting for Commissioner Janoff and Commissioner Mayer. The Planning Commission thanks them for their work over the years. - Planning Manager Jennifer Armer will be leaving the Town of Los Gatos. Ms. Armer has served with the Town for nine years and the Town wishes her the best.

ADJOURNMENT
The meeting adjourned at 7:49 p.m.

This is to certify that the foregoing is a true
and correct copy of the minutes of the
July 24, 2024 meeting as approved by the
Planning Commission.
_____________________________
/s/ Vicki Blandin

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EXHIBIT 19 Page 105 Page 550
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July 30, 2024 – Below is the Regency Court Architectural Committee ‘Findings and Recommendations’ to Regency Court Board. Not in numerical order of importance.

The Regency Court Board HOA expects confirmation that the following items will be addressed by the 120 Oak Meadow homeowner and Town of Los Gatos to the Regency Court HOA Architectural Committee and Board of Directors prior to Town approval and commencement of construction at 120 Oak Meadow Drive.

See Owner Responses in blue dated October 9, 2024.
1) A request is made for a rendering, drawing or sketch of the proposed home shown behind the brick wall. Rending needs to show house roof and windows with current view of existing trees from upper Oak Meadow Drive. The request is made to provide a visual representation of the proposed structure and to provide a visual illustration of the structure’s height/size prior to “story poles” being installed. The concern is whether the rising morning sun will be blocked by the structure, the existing shadow example does not do this.

As shown in the expanded shadow study A-5 the proposed structure will not block the morning sun.

The rendering illustrates that the proposed home is modest in size and to scale with the site. At 22 ft. at the peak and 15 ft. at the eaves it is lower than the branches of the Valley Oak and considerably lower than existing home at 120 Oak Meadow and Town Homes.

The Town of Los Gatos eliminated its story pole requirement last April. This follows a CA state requirement that the Town must loosen constraints on housing developments to receive certification of its housing element plan. 2) CC&R Items related to existing and proposed homes: Agree that CC&Rs will need to be amended, cost to be borne by 120 Oak Meadow.
a. It shall be a requirement of the RCHOA that the new lot is subject to the same Regency Court architectural approval requirements as outlined in the Regency Court HOA CC&R’s covering the existing Lot #11 (120 Oak Meadow Drive). HOA CC&Rs including architectural control must cover both the existing and new lots. b. Also, current 120 Oak Meadow Owner to determine if they want to allocate a portion of the required assessment responsibility for maintenance and upkeep of Oak Meadow Drive – a private drive – to the proposed new lot/home or retain full responsibility for assessments related to road upkeep.

Current 120 Oak Meadow Property to retain full responsibility. c. It is anticipated that both of these items will require an amendment to the CC&Rs. Such amendment (e.g. hiring of an attorney, recordation of amendment, etc.) to be borne by 120 Oak Meadow. 3) Approval must include a requirement that current or future owners cannot take down the brick wall or make any modifications to the brick wall now and in the future. Plan already indicates that it will be retained – see A-1 (E).

Language can be expanded in CC&Rs if necessary. Wall to be extended north using same vertical siding as 2nd story of house and privets to be retained. See A-1.
4) Current Floor plan, (exhibit A3, A4) is unclear as the space labeled 'OFFICE’ looks to be a 4th bedroom as it has a closet, and the Architect said the room requires egress which appears to be the underlying reason for the window facing upper Oak Meadow Drive. The Architectural Committee recommends that the windows facing upper Oak Meadow are to be eliminated. As a compromise, the Architectural Committee would be amenable to move the

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ITEM NO. 14.
windows to the sides of the room which face the existing home at 120 Oak Meadow and/or face the commercial property in order to satisfy egress requirements. The Committee also would be amenable to the addition of sky lights if necessary to satisfy egress requirements. Architectural drawing (A5 elevation drawing) appears to already show windows on side walls.

Jay Plett, Architect discussed request with Robert Gray, Town Building Official who indicated that this window is an egress window required by Town ordinance independent of use of room. Jay believes that a 2nd story window facing upper Oak Meadow is an important design feature.

Homeowner and HOA agreed to retain window with condition that obscure glass be used. See Rendering and West Elevation which contains notes that this window to be obscure glass. 5) No exit from behind the house to the front/upper portion of Oak Meadow Drive. All occupant ingress & egress needs to occur from lower Oak Meadow Drive via newly built driveway. No ability to exit through the door in the wall along upper Oak Meadow Drive.

Owner understands HOA concern and believes signs recently posted by HOA provide adequate deterrence. As indicated in 3) above, fence to be extended north of existing brick wall. As shown in A-1 and agreed to in meeting, fence will have small gate opening to landing of Lot 12 stairs to allow owner to access property in front of wall/fence for maintenance including trimming of ivy, weeding and leaf blowing. This is needed so owner will not be required to walk down the driveway, walk up the hill to the top of Oak Meadow and around the corner carrying gardening equipment.
6) Property needs to include 2 guest parking spots that do not block the new driveway so visitors are not tempted to use HOA parking spots.

Town of Los Gatos does not require guest parking. Parking pad near garage and driveway will provide ample parking for guests. Agreed to with HOA in meeting.
7) The HOA Board requests confirmation that garbage cans for the new property must be located on the backside by the driveway entrance (lower Oak Meadow Drive). No additional garbage, recycle or yard waste bins will be placed in front of the 120 Oak Meadow Drive residence/road. Agreed - See note at the bottom of A-1 indicating garbage service to be located at bottom of driveway per HOA.
8) If road damage occurs during construction, cost to restore back to original condition will be borne by 120 owners. “Damage" to the HOA road is defined as any physical alteration or deterioration beyond normal wear and tear caused by the Builder's construction activities. This includes, but is not limited to, structural damage such as cracks, fractures, or breaks in the asphalt, deformation or subsidence of the road surface, potholes, and damage to the road edges. It also encompasses material residue like cement or gravel causing staining or surface roughness, debris obstructing the road, and any drainage or erosion issues caused by construction runoff. The Builder shall be responsible for all repair costs to restore the HOA road to its original condition prior to construction. If builder and HOA agree to resurface all of Oak Meadow Drive instead, 120 owners and HOA will share the costs 50%/50%.

See items 75 and 76 of Draft Conditions of Approval dated July 24, 2024, which address this concern. 9) The Committee requests Town to communicate the days and start/stop hours of construction. Create a plan and communicate to HOA where workers and construction vehicles will park (there is NO available parking on Oak Meadow Drive either upper or lower). Parking cannot occur in any HOA designated spots without prior written

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ITEM NO. 14.
communication and approval from the Regency Court HOA Board (see Board e-mail addresses, below). All construction traffic must enter from Blossom Hill Road.

See item 48 of Draft Conditions of Approval dated July 24, 2024, which covers Construction Hours and items 32 Construction Management Plan and 53 Construction Vehicle Parking which address your concerns.

See Construction Site Access plan in upper left corner of A-1 including note that HOA to be provided with contractor, owner and architects phone numbers.

See also Construction Staging/Parking plan in lower left corner of A-1. 10) Erect a construction barrier to protect dirt and dust from impacting newly painted HOA residences. Install prior to commencement of construction. A construction debris barrier will be erected on upper Oak Meadow to limit dust – See upper A-1. Best construction practices to be followed to control dust including periodic water spraying. Hand digging around oak trees will also limit dust.

RCHOA Board E-Mail Addresses:

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10.03.24

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JA/FLEET
120 OAK MEADOW
LOS GATOS, CA 95030

MCFARLAND

HOA REGULATION AGREEMENTS
CC&Rs TO BE UPDATED PRIOR TO CONSTRUCTION TO INCLUDE

A PROVISION FOR HOA RETAINING ARCHITECTURAL CONTROL
APPROVAL OVER BOTH LOTS (EXISTING LOT AT 120 OAK
MEADOW AND THE PROPOSED NEW LOT).

OWNERS OF 120 OAK MEADOW AGREE NOT TO CHANGE OR

REMOVE THE BRICK WALL SEPARATING THE PROPERTIES IN

QUESTION FROM THE HOA WITHOUT PRIOR WRITTEN CONSENT OF
THE BOARD OF THE REGENCY COURT HOA.

HOA ARCHITECTURAL MODIFICATIONS AS NOTED ON THE PLAN
SET INCLUDE:

1. A PHOTO STUDY WAS PROVIDED TO HOA.

2. THE UPPER WINDOW FACING THE TOWNHOMES WILL BE OF
OBSCURE GLASS.

3. AN ENHANCED SHADOW STUDY WAS PROVIDED TO HOA.

4. A FENCE - EXTENDING FROM THE EXISTING BRICK FENCE -

MATCHING THE NEW HOUSE SIDING WILL BE CONSTRUCTED
BETWEEN THE NEW HOME AND THE TOWNHOMES.

5. DURING CONSTRUCTION, A DEBRIS FENCE SHALL BE

ERECTED BETWEEN THE CONSTRUCTION ACTIVITY AND THE
TOWNHOMES.

6. IT IS AGREED THAT THE GARBAGE SERVICE AND CAN

STORAGE WILL BE FROM BELOW AT THE BOTTOM OF
DRIVEWAY OF THE NEW HOME.

7. NO CONSTRUCTION ACTIVITIES WILL BE CONDUCTED FROM
THE TOWNHOME SIDE OF PROJECT. A CONSTRUCTION
ACCESS PATH OF TRAVEL HAS BEEN AGREED TO.

CONTRACTOR, OWNER AND ARCHITECT'S PHONE NUMBERS
WILL BE PROVIDED TO HOA.

8. A CONSTRUCTION PARKING PLAN HAS BEEN AGREED TO.

EXHIBIT 20

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CONSTRUCTION SITE ACCESS
Elevation rendering

10.03.24 EXHIBIT 21

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PL PL PL PL

OAK MEADOW DR
OAK

MEADOW DR
xxx
project
house
311

TWO STOREY
HOUSE
307

TWO STOREY
HOUSE
301

TWO STOREY
HOUSE
217

TWO STOREY
HOUSE
N
220
212
218
233
234
LOT A
COMMON
AREA
garage +

TWO STOREY
single
STOREY
240
single
STOREY
two
STOREY

OAK MEADOW DR
331 TWO STOREY HOUSE
307 TWO STOREY HOUSE
301 TWO STOREY HOUSE
217 TWO STOREY HOUSE
A
A
A
B
C D
F
E

PROJECT HOUSE

OAK MEADOW DR

OAK MEADOW DR
120 OAK MEADOW DR xxx OAK MEADOW DR 235 OAK MEADOW DR
xxx OAK MEADOW DR 311 OAK MEADOW DR
29'-4" +/- section
cut LINE- A
section
cut LINE- B
21'-9" +/-
26'-6" +/-
120
garage +

TWO STOREY
379'-0"
379'-0" PL PL PL PL
PL

PL PL PL

PROJECT
HOUSE

OAK MEADOW
DR

OAK MEADOW DR
120 OAK MEADOW DR xxx OAK MEADOW DR 235 OAK MEADOW DR
xxx OAK MEADOW DR 311 OAK MEADOW DR
29'-4" +/-
21'-9" +/-
26'-6" +/-
379'-0"
379'-0"

PL PL PL
PL

PL PL PL
0 Y

PROJECT
HOUSE

OAK MEADOW
DR

OAK MEADOW DR
120 OAK MEADOW DR xxx OAK MEADOW DR 235 OAK MEADOW DR
xxx OAK MEADOW DR 311 OAK MEADOW DR
29'-4" +/-
21'-9" +/-
26'-6" +/-
379'-0"
379'-0"
MCFARLANd

A B B C
D E F

NEIGHBORHOOD PLAN
1" = 50'
D

NEIGHBORHOOD SECTION-A
1/16" = 1'-0"

NEIGHBORHOOD SECTION-B
1/16" = 1'-0"
301/307/311 OAK MEADOW DR 220 OAK MEADOW DR 220 OAK MEADOW DR 120 OAK MEADOW DR 233 OAK MEADOW DR 233 OAK MEADOW DR
234 OAK MEADOW DR 240/242 OAK MEADOW DR

ADDRESS LOT SIZE FLR AREA FAR HOUSE GARAGE (SF)
301 oak meadow dr 7352 *2620 0.356 484
307 oak meadow dr 4794 *2620 **0.546 484
311 oak meadow dr 4952 *2620 **0.529 484
220 oak meadow dr 11703 *4507 **0.385 0
120 oak meadow dr 17779 *3621 0.203 530
233 oak meadow dr 19705 *3283 0.166 0
234 oak meadow dr 41200 1756 0.042 0

PROJECT HOUSE
xx oak meadow dr 5249 1946 0.336 466.5
analysis
*6 NEIGHBOR HOMES HAVE GREATER FLOOR AREA
**3 NEIGHBOR HOMES HAVE GREATER FAR

AS THE STREETSCAPE ILLUSTRATES, THE PROJECT

HOUSE BLENDS AMICABLY WITH THE SCALE OF THE

NEIGHBORHOOD
floor area/far comparisons
a-1.1
1 10.03.24

10.01.24 02.29.24

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02.29.24 5'-2" plate height
at upper level

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(20'R /W)
N85°58'52"E 17.87'
N01°09'50"W 19.49'
N88°50'10"E 15.00'
S23°44'30"E

68.00'
S88°32'35"E

63.88'
N04°01'08"W

61.92' N21°53'10"E 72.45' R=12.00 L=17.79 Tan=10.98 Δ=84°56'34"N63°03'24"W 51.06' R=55.00 L=64.30 Tan=36.39 Δ=66°59'01" (PRIVATE STREET) OAK MEADOW DRIVE OAK MEADOW DRIVE SITE IS IN FLOOD ZONE X LRDA LRDA OVER 30% OVER 30% NEW PARCEL B 55.30' N 70d17'12" W 108.92

6.62' R=100.00 L=3.00 Tan=1.50 Δ=1°43'08" R=100.00 L=5.86 Tan=45.96 Δ=49°22'03" LANDSCAPE EASEMENT FOR PARCEL A OVER PARCEL B10'X25' P.S.D.E. FOR PCL B NEW PARCEL A R=100.00 L=80.30 Tan=45.96 Δ=49°22'03" C-1 TENTATIVE MAP 1"=10' DKH TJS TJS 20 0 10 20 40 1" = 10' GRAPHIC SCALE ( IN FEET ) VICINITY MAP NOT TO SCALE SITE E STAT OF CAL I FORN I A NO. 35527 REE IN GNE L NA ROFESSIO P DERET IS GER KYZC EW SZ J . ECNERET EXP. 9-30-23 PROJ ENGR: DRAWN BY: SCALE: SURVEYED BY: CHECK BY: DATE: SHEET NO. JOB NO. 120 OAK MEADOW DRIVE
LOS GATOS, CA 95032
APN 529-10-131

LANDS OF MCFARLAND
120 OAK MEADOW DRIVE

MINOR SUBDIVISION AND
PD ZONING AMENDMENT 20-207
PH: 408.452.9300 FAX: 408.837.7550
TS/CIVIL ENGINEERING, INC.
1776 TECHNOLOGY DRIVE
SAN JOSE, CA 95110 OF 4 SHEETS8-17-23
REVISIONS 3BY 65421DATE PROJECT DATA TRACT NAME: MCFARLAND FAMILY LOT SPIT GENERAL PLAN DESIGNATION: MEDIUM DENSITY RESIDENTIAL ZONING DESIGNATION: O-PD (OFFICE W/ PLANNED DEVELOPMENT OVERLAY APPLICABLE PLANS O-PD ZONING ORDINANCE NO. 1412 AND STANDARDS: RESIDENTIAL DESIGN GUIDELINES LOT OVER 10% HILLSIDE STANDARDS FOR LRDA, GRADING DRAINAGE, DRIVEWAYS & PARKING, GEOLOGIC SAFETY & RETAINING WALLS PARCEL SIZE: 17,699 SF (0.41 ACRES) LEGAL DESCRIPTION: TRACT 6737- REGENCY COURT; LOT 11 BOOK 475 MAPS 13-15 APN: 529-10-131 AVERAGE SLOPE: PARCEL A: S= 11% PARCEL B: S= 18% EXISTING RESIDENCE: 3,621 SF EXISTING GARAGE: 520 SF NEW PARCEL A: 11,906 SF (0.273 AC) NEW PARCEL B: 5,793 SF (0.133 AC) NEW RESIDENCE: APPROX. 1,946 SF CIVIL ENGINEER: TERENCE J. SZEWCZYK TS/CIVIL ENGINEERING, INC. 1776 TECHNOLOGY DRIVE SAN JOSE, CA 95110 (408) 452-9300 EXT 220 PROPERTY OWNERS: MARTY AND PENNY McFARLAND 120 OAK MEADOW DRIVE LOS GATOS, CA 95032 PROPOSED LOTS: 2 PROPOSED USE SINGLE FAMILY RESIDENTIAL WATER SUPPLY: SAN JOSE WATER CO. SEWAGE DISPOSAL: WEST VALLEY SANITARY DISTRICT TELEPHONE: AT&T GAS & ELECTRIC: PG&E CABLE TV: FRONTIER CABLE FEMA Flood Zone: X (100%) LEGEND DESCRIPTION EXISTING PROPOSED Page 569 Page 124 ITEM NO. 14.

BRIDGE (20'R /W)
(PRIVATE STREET) OAK MEADOW DRIVE

OAK MEADOW DRIVE
1 2
3 4
5 6
                  UFF 357.0 LFF 347.5 *36 SF OF GARAGE CORNER FALLS WITHIN LRDA EXCEPTION IS REQUESTED ELEVATED CONCRETE DECK TO PROTECT TREE EX. 10' SSE 558 D110 MECHANICAL ROOM *36 SF OF GARAGE CORNER FALLS WITHIN LRDA EXCEPTION IS REQUESTED C-2 SITE PLAN 1"=10' DKH TJS TJS 20
0 10 20 40 1" = 10' GRAPHIC SCALE

E ( IN FEET )
STAT
OF CAL I FORN I A NO. 35527

REE IN GNE L
NA

ROFESSIO
P

DERET IS GER
KYZC
EW
SZ
J . ECNERET EXP. 9-30-23 PROJ ENGR: DRAWN BY: SCALE: SURVEYED BY: CHECK BY: DATE: SHEET NO. JOB NO. 120 OAK MEADOW DRIVE
LOS GATOS, CA 95032
APN 529-10-131

LANDS OF MCFARLAND
120 OAK MEADOW DRIVE

MINOR SUBDIVISION AND
PD ZONING AMENDMENT 20-207
PH: 408.452.9300 FAX: 408.837.7550
TS/CIVIL ENGINEERING, INC.
1776 TECHNOLOGY DRIVE
SAN JOSE, CA 95110 OF 4 SHEETS8-17-23

REVISIONS
3 BY
6 5
4 2
1 DATE HOUSE
0 GARAGE 12 YARD DRIVEWAY 48 188CUT EARTHWORK SUMMARY 37 0FILL00 211 CY TO BE HAULED OFF SITE
- 2.5' 5' 8'
3 --- CU. YDS. MAX. DEPTH CU. YDS. MAX. DEPTH TOTAL 248 37 N.T.S. EARTHEN SWALE Page 125 Page 570 ITEM NO. 14.

UFF 357.0 LFF 347.5 OAK MEADOW DRIVE (PRIVATE STREET)                   CL PL GARAGE C-3 DRIVEWAY PROFILE 1"=10' DKH TJS TJS 20 0 10 20 40 1" = 10' GRAPHIC SCALE E ( IN FEET ) STAT OF CAL I FORN I A NO. 35527 REE IN GNE L NA ROFESSIO P DERET IS GER KYZC EW SZ J . ECNERET EXP. 9-30-23 PROJ ENGR: DRAWN BY: SCALE: SURVEYED BY: CHECK BY: DATE: SHEET NO. JOB NO. 120 OAK MEADOW DRIVE
LOS GATOS, CA 95032
APN 529-10-131

LANDS OF MCFARLAND
120 OAK MEADOW DRIVE

PL PL A PL PL A PL C-4
SITE CROSS SECTIONS 1"=10' DKH TJS TJS 20 0 10 20 40 1" = 10' GRAPHIC SCALE E ( IN FEET ) STAT OF CAL I FORN I A NO. 35527 REE IN GNE L NA ROFESSIO P DERET IS GER KYZC EW SZ J . ECNERET EXP. 9-30-23 PROJ ENGR: DRAWN BY: SCALE: SURVEYED BY: CHECK BY: DATE: SHEET NO. JOB NO. 120 OAK MEADOW DRIVE
LOS GATOS, CA 95032
APN 529-10-131

LANDS OF MCFARLAND
120 OAK MEADOW DRIVE

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ITEM NO. 14.

LOS GATOS PLANNING COMMISSION 12/11/2024,
Item #3, 120 Oak Meadow Drive
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A P P E A R A N C E S:

Los Gatos Planning
Commissioners:

Emily Thomas, Vice Chair
Jeffrey Barnett
Susan Burnett
Melanie Hanssen
Town Manager: Chris Constantin
Community Development
Director:

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

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ITEM NO. 14.

LOS GATOS PLANNING COMMISSION 12/11/2024,
Item #3, 120 Oak Meadow Drive
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P R O C E E D I N G S:

VICE CHAIR THOMAS: We will now move to the
public hearing portion. The first item on our Public
Hearings agenda is Item 3, which is requesting approval for modification of Planned Development Ordinance 1412,
subdivision of one lot into two lots, construction of a single-family residence, and site work requiring a Grading Permit on property zoned O:PD. Located at 120 Oak Meadow Drive, APN 529-10-131, Subdivision Application M-20-011, Planned Development Application PD-20-002, Architecture and Site Application S-22-021. Categorically exempt pursuant to CEQA Guidelines Section 15315: Minor Land Divisions, 15303:

New Construction, and 15304: Minor Alterations to Land.

Property owner: Marty and Penny McFarland. Applicants:

Terence J Szewczyk (M-20-011 and PD-20-002) and Jay Plett, Architect (S-22-021). Project Planner is Mr. Mullin.

First, by a show of hands, Commissioners, can I
see all those who have visited the property? Are there any disclosures? Seeing none, Mr. Mullin, will you be giving the Staff Report tonight?
SEAN MULLIN: Yes, thank you, Vice Chair, and
good evening.

Page 575 ends

ITEM NO. 14.

LOS GATOS PLANNING COMMISSION 12/11/2024,
Item #3, 120 Oak Meadow Drive
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The request before you this evening is for
modification to an existing Planned Development Overlay Zone that would allow subdivision of one lot into two lots and construction of a new single-family residence.

On January 24th of this year the Planning
Commission received the Staff Report, Applicant’s
presentation, and public comments. Included in the public comments was testimony from a neighbor and a board member of the Regency Court HOA who indicated that the HOA
maintained architectural control over the subject property and that this architectural review had not taken place.

After discussing the matter, the Commission voted to
continue consideration of this item to a date uncertain to allow the Applicant sufficient time to complete
coordination with the HOA.

Following the July meeting the Applicant and the
HOA met and reached agreement on the project as provided in the letters attached to your Staff Report. The HOA’s
approval of the project included several conditions
enforceable by the HOA, including requiring the secondstory windows on the west elevation to utilize obscured glass; restricting the current and future owners from
removing or modifying the existing brick wall along the west properly line, and that this wall is to be extended to

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ITEM NO. 14.

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Item #3, 120 Oak Meadow Drive
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the north using the same vertical siding as is included on the proposed second story of the residence; and several conditions related to construction activities, garbage
collection, access, road maintenance, and costs related to updating the CC&Rs are also included.

The Applicant has agreed to these conditions and
provided revised plans responding to the conditions. Noted in the revised plans are some of the physical changes to the residence, obscured glass on the second story, and
notes regarding access and extending the wall.

To refresh the Commission on the proposal for
your consideration, the Applicant is requesting approval to modify PD Ordinance 1412 to allow subdivision of the
subject property into two lots, and the construction of a new two-story single-family residence. Parcel A would
include the existing residence, and Parcel B would be
developed with a new residence.

The requested modifications to the PD include
performance standards affecting both parcels to allow
deviations from the underlying Office zone requirements, and applicable sections of the Hillside Development
Standards and Guidelines as detailed in the July 24th Staff Report.

Page 577 ends

ITEM NO. 14.

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Item #3, 120 Oak Meadow Drive
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If the Commission finds merit with the proposed
project, Staff recommends taking the actions included on page 4 and 5 of tonight’s Staff Report, and to forward the PD, Subdivision, and Architecture and Site Applications to the Town Council with a recommendation of approval.

This concludes Staff’s presentation and we are
available to answer any questions.

VICE CHAIR THOMAS: Thank you. Do any
Commissioners have questions for Staff at this point? Yes, Commissioner Hanssen.

COMMISSIONER HANSSEN: It was mentioned in the
Staff Report that the conditions that came from the HOA were included as Conditions of Approval that would be
monitored by the Town, and if I recall correctly from our last meeting I think our Town Attorney had said that the Town has no authority over a matter that relates to HOAs, although I guess you can consider this like a neighborhood compatibility issue. My question is, is it legally
appropriate to have those as Conditions of Approval?
ATTORNEY WHELAN: Good question. The only
elements that have been incorporated into the planning
approval are the physical changes. There is information in the packet that talks about the property owner promising to pay the HOA for the cost of amending the CC&R agreement,

Page 578 ends

ITEM NO. 14.

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Item #3, 120 Oak Meadow Drive
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and that agreement has not been included in the approval that is before the Planning Commission, so only the
physical changes to the structure are reflected in what the Planning Commission is being asked to approve.

COMMISSIONER HANSSEN: Are the conditions clearly
objective in that if our Town Staff said that it was
completed and the HOA did not.

ATTORNEY WHELAN: I think there are physical
things that can easily be verified, but I’ll defer to Mr.

Mullin.

SEAN MULLIN: Thank you. If we walk through the
conditions—which I will do, because trying to keep things moving this evening—you’d notice that the building has been updated to note that there is obscured glass. There are some notes on here about extending the wall. These are the physical changes to the property. There are also noted on here about construction access and future access, access restrictions on one of the properly lines, and garbage
collection. Those types of things are noted on the plans and any approval of the project tonight would carry those, because the Applicant has included those with their plans.

The conditions of the HOA that Staff could
recommend not including have to do with the private party agreement, such as cost sharing or cost responsibility for

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ITEM NO. 14.

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Item #3, 120 Oak Meadow Drive
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updating the CC&Rs; that’s not something that the Town
would historically get involved in.

COMMISSIONER HANSSEN: Okay, thank you.

VICE CHAIR THOMAS: Are there any additional
questions for Staff? Seeing none, I will now open the floor to public comment. First, would the Applicant like to
provide an opening statement to be five minutes?
JAY PLETT: Good evening, Commission Members. Jay
Plett Architecture, 16 Linden Avenue.

We believe that the project has been very well
designed through much time with the Planning Department and Fire Department. It respects the native trees and mature oaks that are there. As a matter of fact, the house was intentionally designed around the trees and their
preservation.

Marty McFarland and I met with the HOA members in
my office and came to the agreement of the debris fence and the obscured window, and they were fine. We resubmitted our plans to them and they consented that they agreed with
these changes, and they submitted an email to Mr. Mullin to that effect.

VICE CHAIR THOMAS: Thank you. Would anyone else
from your team like to speak tonight?

Page 580 ends

ITEM NO. 14.

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Item #3, 120 Oak Meadow Drive
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DIRECTOR PAULSON: Mr. Szewczyk has his hand
raised, Jay, so I don't know if he wants to speak as well, but I’m going to allow him to speak. Mr. Szewczyk, if you have anything additional, go ahead and speak.

TERENCE SZEWCZYK: No, I don’t. Thank you.

VICE CHAIR THOMAS: Thank you. Before you leave,
are there any questions for the Applicant? Okay, thank you.

Is there anyone from the public wishing to speak
on this item, or anyone on Zoom? I don’t have any cards.

DIRECTOR PAULSON: No one with their hand raised
on Zoom.

VICE CHAIR THOMAS: So, are we still sure that
there are no questions for the Applicant? You have another three minutes if you need to say anything else. You’re
good? Okay. Are there any questions for the Applicant at this point before I close the public portion? Okay.

I will now close the public comment portion and
look for discussion or a motion from the Commission.

Commissioner Burnett.

COMMISSIONER BURNETT: Yes, after reviewing the
information given to us from Staff and the response from the architect, homeowners, and developers, it seems that the request that the suggestions we had at the last
Planning Commission meeting were met, and that with the

Page 581 ends

ITEM NO. 14.

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architect’s letter description of what will be followed up on and carried through on the project, it seems that all the questions we had regarding the project were answered.

From my perspective, I think that you met all the requests that we had and so I feel that I would vote for moving
forward and approving your application.

VICE CHAIR THOMAS: Commissioner Barnett.

COMMISSIONER BARNETT: I just wanted to point out
that although the physical requirements by the HOA had
(inaudible) amended plans that there is the intention to have a CC&R amendment so that the CC&Rs apply to the newly created lot, and that that issue is apparently not going to be decided tonight as part of the approval. I think that’s okay, but it troubles me a little bit, for example, if the CC&R amendment were not approved, what would happen then? Unlikely, perhaps, but possible.

ATTORNEY WHELAN: Alternatively, the Commission
could continue this item until the CC&Rs have been amended.

DIRECTOR PAULSON: I’ll just offer from a
historical perspective, the Planning Commission never sees CC&Rs, which are handled after the approval is done, so those modifications would also be handled by Staff; they wouldn’t come back before a deciding body.

COMMISSIONER BARNETT: Thank you for that.

Page 582 ends

ITEM NO. 14.

LOS GATOS PLANNING COMMISSION 12/11/2024,
Item #3, 120 Oak Meadow Drive
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VICE CHAIR THOMAS: Commissioner Hanssen.

COMMISSIONER HANSSEN: If I recall from the last
meeting, we had reviewed the elements in the requested
variances that would be required from our code to make this Planned Development Ordinance a reality, and that the only issue was the HOA coming up at the last minute and saying we have… And even though we aren’t accountable to the HOA as a body, being the Town, they seem to have met the
requirement. They met with them and they have an agreement, so I think we could move forward. And as Staff pointed out, we would have no jurisdiction over those private agreements anyway, so that, like I was saying earlier, I think the obscured window and the fence are planning issues, so I’m comfortable with this application.

VICE CHAIR THOMAS: Thank you. Commissioner
Barnett.

COMMISSIONER BARNETT: I have a proposed motion,
if the Vice Chair agrees. I’ll do my best to present that.

I move to recommend approval by the Town Council
of the application requesting approval for modification of Planned Development Ordinance 1412, subdivision of one lot into two lots, construction of a new two-story singlefamily residences, and site work requiring a Grading Permit on property zoned O:PD located at 120 Oak Meadow Drive, APN

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ITEM NO. 14.

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Item #3, 120 Oak Meadow Drive
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529-10-131, Subdivision Application M-20-11, Planned
Development Application PD-20-002, and Architecture and Site Application S-22-021. Categorically exempt pursuant to CEQA Guidelines 15315, Minor Land Divisions, and New
Construction in 15304 as well.

I can make each of the findings as set forth in
pages 3 and 4 of the Staff Report, which are pages 97-98 of the package, including the revised development plans
included in Exhibit 21 and the approvals included in
Exhibit 4. I think that’s it, unless Staff has proposed additions.

VICE CHAIR THOMAS: Do I have a second?
Commissioner Hanssen.

COMMISSIONER HANSSEN: I second the motion.

VICE CHAIR THOMAS: Any discussion? Seeing none,
by a show of hands, all those in favor of the motion,
please raise your hands. It passes unanimously, 4-0. Thank you.

Staff, are there any appeal rights, or no,
because this is just a recommendation to Council?
SEAN MULLIN: Since this is a recommendation,
there are no appeal rights.

VICE CHAIR THOMAS: Thank you.
(END)

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ITEM NO. 14.

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ITEM NO. 14.

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

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 01/21/2025
ITEM NO: 15
DATE: January 16, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Introduce an Ordinance Amending Chapter 29 (Zoning Regulations) of the Town Code Regarding Considerations for an Architecture and Site Application, Findings for a Conditional Use Permit, Manufactured Housing, and Private Open Space and Community Recreation Space Requirements, Pursuant to Implementation Program AQ 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. Town Code Amendment Application A-24-008. 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 Regulations,” of the Town Code to Amend Considerations for an Architecture and Site Application, Findings for a Conditional Use Permit, Manufactured Housing, and Private Open Space and Community Recreation Space Requirements.

RECOMMENDATION:

Introduce an ordinance (Attachment 5) amending Chapter 29 (Zoning Regulations) of the Town Code regarding considerations for an Architecture and Site application, findings for a Conditional Use Permit, manufactured housing, and private open space and community recreation space requirements, pursuant to Implementation Program AQ of the 2023-2031 Housing Element.

BACKGROUND:

Implementation Program AQ of the Housing Element requires amendments to Chapter 29 (Zoning Regulations) of the Town Code to comply with state law and to ensure that there are adequate sites available to accommodate the identified sites in the Sites Inventory (Attachment 3). The proposed amendments, as specified in Implementation Program AQ, include:

Page 586 ends

ITEM NO. 15.

PAGE 2 OF 4
SUBJECT: Zoning Code Amendments, Implementation Program AQ DATE: January 16, 2025

1. Amend the Zoning Code to include a Housing Element Overlay Zone (HEOZ) to apply to the sites included in the Site Inventory to modify the development standards (i.e., density, lot coverage, FAR, height) on those sites. The Town will commit to monitoring and evaluating the HEOZ development standards and complete the first evaluation of said standards by December 2026 and then annually thereafter, including outreach to the development community, and making adjustments as necessary. If it is determined that adjustments are needed, they will be completed within six months of the annual evaluation. The amended HEOZ Ordinance is projected to be adopted by the Town Council in March of 2024.

2. Clarify the text of the non-residential zones regarding housing.

3. Rezone the Caltrans Right-of-Way Site E3 from R:1:8 to R-M. Take additional steps to make the site available for residential development, including decertification, by the end of 2026.

If by 2027 the site has not progressed to be available for residential development in the planning period, identify and add additional sites, if necessary, by 2028.

4. Amend the Accessory Dwelling Unit Ordinance (ADU).

5. Amend the Density Bonus Ordinance.

6. Amend the Architecture and Site considerations for a multi-family and mixed-use project to make them objective and provide certainty in outcomes.

7. Amend the Architecture and Site findings for a multi-family and mixed-use project to make them objective and provide certainty in the outcomes of the application review. Specifically, address Finding (4) relating to site layout and Finding (6) relating to the exterior architectural design of buildings and structures. These findings can be considered subjective and open to interpretation.

8. Amend the Conditional Use Permit findings for a multi-family and mixed-use project to make them objective and provide certainty in the outcomes of the application review.

Specifically, address Finding (1) relating to the use of the property as desirable to the public convenience and Finding (2) relating to the integrity and character of the zone. These findings can be considered subjective and open to interpretation.

9. Amend the Zoning Code to clarify that the Town will comply with Section 65852.3 of the Government Code to allow the installation of manufactured homes.

10. Amend the Zoning Code to align the private open space and the community recreation space requirements for a multi-family and condominium project with the Objective Design Standards.

11. Amend the Zoning Code to align parking requirements for a multi-family and condominium project with the preparation of the Objective Design Standards.

DISCUSSION:

Items #1, #3, and #4 of Implementation Program AQ have been completed as they were all introduced by the Town Council on November 7, 2023, and adopted on November 21, 2023.

In October of 2024, the Governor signed additional housing bills regarding ADU and Junior ADU regulations that went into effect on January 1, 2025. As a result, further amendments to the Town’s ADU Ordinance (Item #4) are expected to be considered by the Planning Commission with a recommendation to the Town Council in early 2025.

Page 587 ends

ITEM NO. 15.

PAGE 3 OF 4
SUBJECT: Zoning Code Amendments, Implementation Program AQ DATE: January 16, 2025
Item #2 will be addressed through Implementation AB and is tentatively expected to be considered by the Planning Commission with a recommendation to the Town Council in 2025.

Item #5, a Zoning Code amendment to amend the Density Bonus Ordinance was introduced by the Town Council on December 3, 2024, and adopted on December 17, 2024.

Item #11 was erroneously included in Program AQ as the Town’s Objective Design Standards does not contain parking requirements for multi-family and condominium projects. Reductions in parking standards required through Implementation Program AA of the 2023-2031 Housing Element will be considered in a separate Zoning Code amendment item on tonight’s Town Council agenda.

Items #2 and #4 through #11 of Implementation Program AQ require amendments to Chapter 29 (Zoning Regulations) of the Town Code that are effective townwide and are not limited to the Sites Inventory of the 2023-2031 Housing Element.

Below is a summary of the amendments to Chapter 29 (Zoning Regulations) of the Town Code for the Town Council’s consideration as required by Implementation Program AQ (Attachment 3):
 Modify the Architecture and Site findings to make them objective, specifically, Finding (4) relating to the site layout and Finding (6) related to the architectural design of the building (29.20.150, Items #6 and #7);
 Modify the Conditional Use Permit findings to make them objective, specifically, Finding (1) relating to the desirableness of the project to the public convenience or welfare and Finding (2) related to the integrity and character of the zone (29.20.190, Item #8);  Modify the definition of a dwelling, single-family, by adding that the definition also includes manufactured homes pursuant to Section 65852.3 of the Government Code (29.10.020, Item #9); and
 Modify the private open space and community recreation open space requirements for a multi-family and condominium project to align with the Objective Design Standards (29.10.065 and 29.40.660, Item #10).

On December 10, 2024, the Planning Commission unanimously voted to recommend to the Town Council approval of the amendments to Chapter 29 (Zoning Regulations) (Attachments 1 and 2).

CONCLUSION:

If the Town Council introduces the proposed ordinance, it (Attachment 5) will be placed on the February 4, 2025, Town Council agenda for adoption and the ordinance will take effect 30 days after adoption.

Page 588 ends

ITEM NO. 15.

PAGE 4 OF 4
SUBJECT: Zoning Code Amendments, Implementation Program AQ DATE: January 16, 2025
COORDINATION:

This report was coordinated with the offices of the Town Manager and Town Attorney.

FISCAL IMPACT:

Adoption of this ordinance does not impact the Town’s budget and is required under Program AQ of the 2023-2031 Housing Element.

ENVIRONMENTAL ASSESSMENT:

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 significantly affect the physical environment in that it will make minor changes to the regulations applicable to considerations for an Architecture and Site application, findings for a Conditional Use Permit, manufactured housing, and private open space and community recreation space requirements.

Attachments:

1. December 11, 2024, Planning Commission Staff Report, with Exhibits 1 through 2

2. December 11, 2024, Planning Commission Verbatim Minutes

3. Implementation Program AQ

4. Redline Town Code

5. Draft Ordinance

Page 589 ends

ITEM NO. 15.

PREPARED BY: Jocelyn Shoopman
Senior Planner
Reviewed by: Planning Manager, Community Development Director, 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: 12/11/2024
ITEM NO: 5
DATE: December 6, 2024
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Forward a Recommendation to the Town Council on Amendments to Chapter 29 (Zoning Regulations) of the Town Code Regarding Considerations for an Architecture and Site Application, Findings for a Conditional Use Permit, Manufactured Housing, and Private Open Space and Community Recreation Space Requirements, Pursuant to Implementation Program AQ 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. Town Code Amendment Application A-24-008.

Project Location: Town Wide. Applicant: Town of Los Gatos.

RECOMMENDATION:

Forward a recommendation to the Town Council on amendments to Chapter 29 (Zoning Regulations) of the Town Code regarding considerations for an Architecture and Site application, findings for a Conditional Use Permit, manufactured housing, and private open space and community recreation space requirements, pursuant to Implementation Program AQ of the 2023-2031 Housing Element.

CEQA:

The proposed amendments are exempt pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), because it can be seen with certainty that they will not significantly affect the physical environment in that they make minor changes to the regulations applicable to considerations for an Architecture and Site application, findings for a Conditional Use Permit, manufactured housing, and private open space and community recreation space requirements.

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ATTACHMENT 1

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ITEM NO. 15.

PAGE 2 of 5
SUBJECT: Zoning Code Amendments, Implementation Program AQ/A-24-008 DATE: December 6, 2024
FINDINGS:
 The proposed amendments are exempt pursuant to CEQA, Section 15061(b)(3); and  The amendments to Chapter 29 of the Town Code are consistent with the General Plan.

BACKGROUND:

1. Amend the Zoning Code to include a Housing Element Overlay Zone (HEOZ) to apply to the sites included in the Site Inventory to modify the development standards (i.e., density, lot coverage, FAR, height) on those sites. The Town will commit to monitoring and evaluating the HEOZ development standards and complete first evaluation of said standards by December 2026 and then annually thereafter, including outreach with the development community, and making adjustments as necessary. If it is determined that adjustments are needed, they will be completed within six months of the annual evaluation. The amended HEOZ Ordinance is projected to be adopted by the Town Council in March of 2024.

2. Clarify the text of the non-residential zones regarding housing.

3. Rezone the Caltrans Right-of-Way Site E3 from R:1:8 to R-M. Take additional steps to make the site available for residential development, including decertification, by the end of 2026.

If by 2027 the site has not progressed to be available for residential development in the planning period, identify and add additional sites, if necessary, by 2028.

4. Amend the Accessory Dwelling Unit Ordinance (ADU).

5. Amend the Density Bonus Ordinance.

6. Amend the Architecture and Site considerations for a multi-family and mixed-use project to make them objective and provide certainty in outcomes.

7. Amend the Architecture and Site findings for a multi-family and mixed-use project to make them objective and provide certainty in outcomes of the application review. Specifically, address Finding (4) relating to site layout and Finding (6) relating to the exterior architectural design of buildings and structures. These findings can be considered subjective and open to interpretation.

8. Amend the Conditional Use Permit findings for a multi-family and mixed-use project to make them objective and provide certainty in outcomes of the application review.

Specifically, address Finding (1) relating to use of the property as desirable to the public convenience and Finding (2) relating to the integrity and character of the zone. These findings can be considered subjective and open to interpretation.

9. Amend the Zoning Code to clarify that the Town will comply with Section 65852.3 of the Government Code to allow the installation of manufactured homes.

Page 144 ends

ITEM NO. 15.

PAGE 3 of 5
SUBJECT: Zoning Code Amendments, Implementation Program AQ/A-24-008 DATE: December 6, 2024

10. Amend the Zoning Code to align the private open space and the community recreation space requirements for a multi-family and condominium project with the Objective Design Standards.

11. Amend the Zoning Code to align parking requirements for a multi-family and condominium project with the preparation of the Objective Design Standards.

DISCUSSION:

Items #1, #3, and #4 of Implementation Program AQ have been completed as they were all introduced by the Town Council on November 7, 2023, and adopted on November 21, 2023.

In October of 2024, the Governor signed additional housing bills regarding ADUs and Junior ADU regulations that will take effect on January 1, 2025. As a result, further amendments to the Town’s ADU Ordinance (Item #4) is expected to be considered by the Planning Commission in early 2025.

Item #2 will be addressed through Implementation AB and is tentatively expected to be considered by the Planning Commission in early 2025.

Item #5, a Zoning Code amendment was introduced by the Town Council on December 3, 2024.

Item #11 was inadvertently included in Program AQ as the Town’s Objective Design Standards does not contain parking requirements for multi-family and condominium projects. Reductions in parking standards required through Implementation Program AA of the 2023-2031 Housing Element will be considered in a separate Zoning Code amendment item on tonight’s Planning Commission agenda.

Below is a summary of the amendments to Chapter 29 (Zoning Regulations) of the Town Code as required by Implementation Program AQ (Exhibit 2):
 Modify the Architecture and Site findings to make them objective, specifically, Finding (4) relating to the site layout and Finding (6) related to architectural design of the building [29.20.150, Items #6 and #7];
 Modify the Conditional Use Permit findings to make them objective, specifically, Finding (1) relating to the desirableness of the project to the public convenience or welfare and Finding (2) related to the integrity and character of the zone [29.20.190, Item #8];  Modify the definition of a dwelling, single-family by adding that the definition also includes manufactured homes pursuant to Section 65852.3 of the Government Code [29.10.020, Item #9]; and
 Modify the private open space and community recreation open space requirements for a multi-family and condominium project to align with the Objective Design Standards [29.10.065 and 29.40.660, Item #10].

Page 145 ends

ITEM NO. 15.

PAGE 4 of 5
SUBJECT: Zoning Code Amendments, Implementation Program AQ/A-24-008 DATE: December 6, 2024
CEQA DETERMINATION:

The proposed amendments are exempt pursuant to CEQA, Section 15061(b)(3), because it can be seen with certainty that they will not significantly affect the physical environment in that they make minor changes to the regulations applicable to considerations for an Architecture and Site application, findings for a Conditional Use Permit, manufactured housing, and private open space and community recreation space requirements.

CONCLUSION:

A. Summary
The Draft Ordinance aligns the Town’s regulations with State law and responds to Implementation Program AQ of the 2023-2031 Housing Element.

B. Recommendation
Staff recommends that the Planning Commission review the information included in the staff report and forward a recommendation to the Town Council for approval of the amendments to Chapter 29 of the Town Code in the Draft Ordinance (Exhibit 2). The Planning Commission should also include any comments or recommended changes to the Draft Ordinance in taking the following actions:

1. Make the finding that the proposed amendments to the Town Code are exempt pursuant to CEQA, Section 15061(b)(3), because it can be seen with certainty that they will not significantly affect the physical environment in that they make minor changes to the regulations applicable to considerations for an Architecture and Site application, findings for a Conditional Use Permit, manufactured housing, and private open space and community recreation space requirements (Exhibit 1);

2. Make the required finding that the amendments to Chapter 29 of the Town Code in the Draft Ordinance are consistent with the General Plan (Exhibit 1); and

3. Forward a recommendation to the Town Council for approval of the amendments to Chapter 29 of the Town Code in the Draft Ordinance (Exhibit 2).

C. Alternatives
Alternatively, the Commission can:

1. Forward a recommendation to the Town Council for approval of the Draft Ordinance with modifications; or

2. Continue the matter to a date certain with specific direction.

Page 146 ends

ITEM NO. 15.

PAGE 5 of 5
SUBJECT: Zoning Code Amendments, Implementation Program AQ/A-24-008 DATE: December 6, 2024
COORDINATION:

This report was coordinated with the Town Attorney’s office.

EXHIBITS:

1. Required Findings

2. Draft Ordinance

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ITEM NO. 15.

PLANNING COMMISSION – December 11, 2024
REQUIRED FINDINGS FOR:

Town Code Amendment Application A-24-008
Forward a Recommendation to the Town Council on Amendments to Chapter 29 (Zoning Regulations) of the Town Code Regarding Considerations for an Architecture and Site Application, Findings for a Conditional Use Permit, Manufactured Housing, and Private Open Space and Community Recreation Space Requirements, Pursuant to Implementation Program AQ 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. Town Code Amendment Application A-24-008. Project Location: Town Wide.

Applicant: Town of Los Gatos.

FINDINGS
Required Findings for CEQA:
 The proposed amendments are exempt pursuant to CEQA, Section 15061(b)(3), because it can be seen with certainty that they will not significantly affect the physical environment in that they make minor changes to the regulations applicable to considerations for an Architecture and Site application, findings for a Conditional Use Permit, manufactured housing, and private open space and community recreation space requirements.

Required Findings for General Plan:
 The proposed amendments to Chapter 29 of the Town Code regarding considerations for an Architecture and Site application, findings for a Conditional Use Permit, manufactured housing, and private open space and community recreation space requirements are consistent with the General Plan.

EXHIBIT 1
S:\PLANNING COMMISSION REPORTS\2024\12-11-2024\ITEM X - ZONING CODE AMENDMENTS\EXHIBIT 1 - REQUIRED FINDINGS.DOCX

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ITEM NO. 15.

Sec. 29.10.020. Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them in this section unless the context clearly indicates otherwise:
…
Dwelling, single-family means a detached building containing but one (1) kitchen and designed and used to house not more than one (1) family, including domestic employees of such family. and manufactured homes pursuant to Section 65852.3 of the Government Code.
…
Sec. 29.10.065. Recreational open space for residential condominiums.

The minimum horizontal dimension is six feet in any direction. The minimum vertical clearance required is eight feet. Private recreation space shall be directly accessible from the residential unit.The minimum horizontal dimension for a patio is ten (10) feet and for a balcony is six (6) feet. Private open space shall be suitably screened for privacy of the occupant. Location and screening is subject to review by the deciding body.
(2) Community recreation space. The minimum dimensions are 10 feet by six feet. A minimum of 60 percent of the community recreation space shall be open to the sky and free of permanent solid-roofed weather protection structures. Community recreation space shall provide shading for a minimum of 15 percent of the community recreation space by either trees or structures, such as awnings, canopies, umbrellas, or a trellis. Tree shading shall be calculated by using the diameter of the tree crown at 15 years maturity.

Shading from other built structures shall be calculated by using the surface area of the overhead feature.In addition to the private open space required by part (1), there shall be a total community recreation area of at least one hundred (100) square feet for each dwelling unit. This area is in addition to that required for yards. The deciding body shall determine whether the location and amount of community recreation space and facilities provided are appropriate for the anticipated residents of the project.
i. Community recreation space shall be provided in Residential Mixed-Use developments at a minimum of 100 square feet per residential unit plus a minimum of two percent of the non-residential square footage.
ii. Community recreation space shall be provided in multi-family residential development projects at a minimum of 100 square feet per residential unit.
iii. A project with four or fewer residential units is exempt from community recreation space requirements.
…
EXHIBIT 2

Page 151 ends

ITEM NO. 15.

Sec. 29.20.150. Considerations in review of applications.

The deciding body shall consider all relevant matter including, but not limited to, the following:
…
(4) Considerations relating to site layout. The orientation and location of buildings and open spaces in relation to the physical characteristics of the site and the character of the neighborhood; and the appearance and harmony of the buildings with adjacent development. Buildings shall should strengthen the form of the neighborhood (e.g. downtown, Los Gatos Boulevard, etc.). Buildings should maximize preservation of solar access. In the downtown, mid-block pedestrian arcades linking Santa Cruz Avenue with existing and new parking facilities shall be encouraged, and shall include such crime prevention elements as good sight lines and lighting systems.
…
(6) Considerations relating to the exterior architectural design of buildings and structures. The effect of the height, width, shape, and exterior construction and design of buildings and structures as such factors relate to the existing and future character or the neighborhood and purposes of the zone in which they are situated, and the purposes of architecture and site approval. Consistency and compatibility shall be encouraged in scale, massing, materials, color, texture, reflectivity, openings, and other details. …
Sec. 29.20.190. Findings and decision.
(a) The deciding body, on the basis of the evidence submitted at the hearing, may grant a conditional use permit when specifically authorized by the provisions of this chapter if it finds that:
(1) The proposed uses of the property are essential or desirable to the public convenience or welfare; (2) The proposed uses will not impair the existing uses integrity and character of the zone; …
Sec. 29.40.660. Recreational open space for multiple-family dwellings.

For multiple-family dwellings other than residential condominiums there shall be a total open space area of two hundred (200) square feet for each dwelling unit, usable for outdoor activities. This area is in addition to required yards, is a minimum requirement, shall be composed of private area, community areas or both, and may be in the form of balconies or decks, all as determined by the deciding body. Any areas intended to serve as private open space shall be screened for privacy of the occupant as required by the deciding body.

The following standards apply to multiple-family dwellings other than residential condominiums. (1) Private open space. Each ground floor dwelling unit shall have a minimum of one hundred and twenty (120) square feet of outdoor usable open space in the form of a single enclosed patio or deck located essentially at the level of the main living area. Each dwelling unit above the ground floor shall have sixty (60) square feet of outdoor usable open space in the form of a balcony. Where multiple balconies are provided for a single unit, the 60-square foot minimum can be an aggregate of all balconies, provide each balcony meets the requirements for minimum horizontal dimensions. For purposes of this section, a multiple floor unit with the lower floor on the ground level can choose to either provide 120 square feet of open space in the form of a single enclosed patio or deck or provide 60 square feet of open space in the form of a balcony. The minimum horizontal dimension is six feet in any direction. The minimum vertical clearance required is eight feet. Private recreation space shall be directly accessible

Page 152 ends

ITEM NO. 15.
from the residential unit. Private open space shall be suitably screened for privacy of the occupant.

Location and screening is subject to review by the deciding body. (2) Community recreation space. The minimum dimensions are 10 feet by six feet. A minimum of 60 percent of the community recreation space shall be open to the sky and free of permanent solid-roofed weather protection structures. Community recreation space shall provide shading for a minimum of 15 percent of the community recreation space by either trees or structures, such as awnings, canopies, umbrellas, or a trellis. Tree shading shall be calculated by using the diameter of the tree crown at 15 years maturity. Shading from other built structures shall be calculated by using the surface area of the overhead feature.
i. Community recreation space shall be provided in Residential Mixed-Use developments at a minimum of 100 square feet per residential unit plus a minimum of two percent of the nonresidential square footage. ii. Community recreation space shall be provided in multi-family residential development projects at a minimum of 100 square feet per residential unit.
iii. A project with four or fewer residential units is exempt from community recreation space requirements.

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ITEM NO. 15.

Los Gatos Planning
Commissioners:

Steve Raspe, Chair
Emily Thomas, Vice Chair
Jeffrey Barnett
Susan Burnett
Melanie Hanssen
Town Manager: Chris Constantin
Community Development
Director:

Joel Paulson
Town Attorney: Gabrielle Whelan
Transcribed by: Vicki L. Blandin
(619) 541-3405
ATTACHMENT 2

Page 602 ends

ITEM NO. 15.

VICE CHAIR THOMAS: We will be moving on to Item
5 on our agenda, which is to forward a recommendation to the Town Council on amendments to Chapter 29 (Zoning
Regulations) of the Town Code regarding considerations for an Architecture and Site Application, findings for a
Conditional Use Permit, Manufactured Housing, and Private Open Space and Community Recreation Space requirements
pursuant to Implementation Program AQ of the 2023-2031
Housing Element. Adoption of this ordinance is exempt
pursuant to CEQA, Section 15601(b)(3), in that it can be seen with certainty that it will not impact the
environment. Town Code Amendment Application A-24-008, and the project location is Town Wide.

Ms. Shoopman has the Staff Report, I believe.

JOCELYN SHOOPMAN: Yes, thank you. Good evening.

Before the Planning Commission this evening for
consideration is Implementation Program AQ of the Town’s Housing Element, which requires various amendments to
Chapter 29 of the Town Code. The draft ordinance with the proposed amendments can be viewed in Exhibit 2.

Page 603 ends

ITEM NO. 15.

LOS GATOS PLANNING COMMISSION 12/11/2024, Item #5,
Amendments to Town Code re: Architecture and Site
Application, Conditional Use Permit, Manufactured
Housing, Private Open Space, Community Recreation Space 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
Program AQ includes 11 items, of which three have
already been completed. One is pending adoption by the Town Council at their next meeting on December 17th, and two will be addressed through other implementation programs.

The draft ordinance before you this evening
focuses on the remaining items, which include amendments to the considerations for an Architecture and Site Application with specific modifications to Findings 4 and 6, as
direction by HCD; amendments to the findings for a
Conditional Use Permit with specific modifications to
Findings 1 and 2, as directed by HCD; an amendment to the definition of a single-family dwelling by adding that the definition also includes manufactured homes pursuant to Section 65852.3 of the Government Code; and lastly,
amendments to the private open space and the community
recreation space requirements for both a multi-family and condominium project to align them with the requirements provided in the Objective Design Standards.

In April, the Town will report completion of and
progress made on this and other implementation programs to HCD to demonstrate compliance with the Town’s certified Housing Element.

Page 604 ends

ITEM NO. 15.

LOS GATOS PLANNING COMMISSION 12/11/2024, Item #5,
Amendments to Town Code re: Architecture and Site
Application, Conditional Use Permit, Manufactured
Housing, Private Open Space, Community Recreation Space 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
This concludes Staff’s presentation, but I am
available for any questions.

VICE CHAIR THOMAS: Thank you, Ms. Shoopman. Do
any members of the Commission have questions for Staff
before we open for public comment? Yes, Commissioner
Burnett.

COMMISSIONER BURNETT: Yes, question for Staff.

So, again, is this only to the site inventory, these
amendments?
JOCELYN SHOOPMAN: No, these amendments are Town
wide; they’re not limited to the sites inventory.

COMMISSIONER BURNETT: I see, and when it was
mentioned in the Staff Report that the amendments to
Chapter 29 of the Town Code are consistent with the General Plan, I did not find that in the General Plan. Where are these amendments in Chapter 29 consistent in the General Plan?
DIRECTOR PAULSON: From Staff’s perspective, they
are not in the General Plan, they are in the Zoning Code, but the Zoning Code is consistent with the General Plan, and so these modifications to existing findings from our perspective are also in conformance with the General Plan.

Page 605 ends

ITEM NO. 15.

LOS GATOS PLANNING COMMISSION 12/11/2024, Item #5,
Amendments to Town Code re: Architecture and Site
Application, Conditional Use Permit, Manufactured
Housing, Private Open Space, Community Recreation Space 5 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: So, you’re saying the
amendments to Chapter 29 of the Town Code are consistent with the General Plan?
DIRECTOR PAULSON: Yes, because they have to be.

We don’t have a choice. Every Zoning Code amendment has to be consistent with the General Plan; it’s a requirement of State law.

COMMISSIONER BURNETT: But where in the General
Plan is this mentioned?
DIRECTOR PAULSON: It is not. The findings are
not mentioned in the General Plan. The Zoning Code is
implementing the General Plan, but they don’t have the same specific language or topics in an identical form across any of a number of topics.

COMMISSIONER BURNETT: That’s very interesting.

Thank you.

VICE CHAIR THOMAS: Commissioner Hanssen.

COMMISSIONER HANSSEN: I just have a clarifying
question for Staff. You mentioned the 11 items, and then there is well not this one, but then one is going to be… So, would it be correct to say—I’m on page 145 at the
bottom—those are the things that we need to forward a
recommendation on? I’m just trying to figure out a right

Page 606 ends

ITEM NO. 15.

LOS GATOS PLANNING COMMISSION 12/11/2024, Item #5,
Amendments to Town Code re: Architecture and Site
Application, Conditional Use Permit, Manufactured
Housing, Private Open Space, Community Recreation Space 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
way to characterize the 11 items. Everything but one, two, three, four, five. Do you see where I’m going? Help us to figure out how to present this thing.

DIRECTOR PAULSON: The last item, the attachment,
I think it’s probably Exhibit 2, contains the amendments, that’s what you’re forwarding, so that only encompasses the items that are specifically being addressed tonight. That’s the simplest way to make sure that you capture what we’re looking at, but if there are modifications as you go
through your discussion on the items before you this
evening, then again, as was done before, there could be requested recommendations to the Town Council for
amendments or otherwise.

COMMISSIONER HANSSEN: So, another way to say
this then would be in Exhibit 2, anything that’s in red is what we are forwarding for recommendation versus trying to extract it from the overall implementation program.

DIRECTOR PAULSON: That’s correct.

COMMISSIONER HANSSEN: Okay, thank you.

VICE CHAIR THOMAS: Any other questions for
Staff? I will now open the public comment, and I don’t have any speaker cards. Are there any hands raised on Zoom for Item 5?

Page 607 ends

ITEM NO. 15.

VICE CHAIR THOMAS: Thank you. I will now close
the public comment period and open it up for discussion.

I’m looking for discussion, a motion from the Commission, or additional questions for Staff. Commissioner Barnett.

COMMISSIONER BARNETT: I don’t have any problem
with the language in the proposed amendments in Attachment 2 to the Staff Report, and I could make an effort at
providing a motion for consideration by the Planning
Commission.

VICE CHAIR THOMAS: Yes, but can I just clarify
something with Staff before you go ahead and make that
motion?
COMMISSIONER BARNETT: Please.

VICE CHAIR THOMAS: Thank you. If we forward this
recommendation as is to Town Council and it’s adopted,
there is just one outstanding item that will be covered by an overlap with a different implementation program?
JOCELYN SHOOPMAN: Yes, that’s correct. There is
a component of Program AQ, which is talking about
nonresidential housing, and we are proposing to have that addressed through a separate implementation program that the Commission will be seeing in the springtime.

Page 608 ends

ITEM NO. 15.

LOS GATOS PLANNING COMMISSION 12/11/2024, Item #5,
Amendments to Town Code re: Architecture and Site
Application, Conditional Use Permit, Manufactured
Housing, Private Open Space, Community Recreation Space 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
VICE CHAIR THOMAS: Great. So, that’s the most
efficient way it sounds like for the Town to deal with
that, so that’s lovely. Thank you.

Commissioner Barnett, if you would like to make
your motion. Oh, no, Commissioner Burnett has another
question.

COMMISSIONER BURNETT: Section 29.20.150,
Considerations in Review of Applications, we’re looking at #4, Consideration Relating to Site Layout. Removing some of the verbiage there, I’m wondering why?
JOCELYN SHOOPMAN: Thank you for that question.

This is specific language that the Town received from the HCD that we needed to remove.

COMMISSIONER BURNETT: Character of the
neighborhood? Is that because it’s subjective, or they want to have the objective?
JOCELYN SHOOPMAN: Yes. HCD provided these
strikeouts removing the subjective terms from the findings.

COMMISSIONER BURNETT: But if you look at the
description, it always goes back to the General Plan. If you look at the description found over and over again, this was the way our Town is described. It’s not so much

Page 609 ends

ITEM NO. 15.

LOS GATOS PLANNING COMMISSION 12/11/2024, Item #5,
Amendments to Town Code re: Architecture and Site
Application, Conditional Use Permit, Manufactured
Housing, Private Open Space, Community Recreation Space 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
subjective, it’s a description. So, why can’t we leave that kind of wording in? Harmony?
JOCELYN SHOOPMAN: Thanks for that question.

These are subjective terms that the Town was directed by HCD to remove. If you look at Program AQ it makes reference to providing more certainty in the outcomes, and so these are subjective terms the HCD deemed should be removed as they are not objective.

COMMISSIONER BURNETT: Okay, again, but we’re
talking about Town wide now. It doesn’t bother me if it’s for new projects and new sites, but now we’re talking about Town wide that we have to be removing these kinds of terms:
character, desirable.

DIRECTOR PAULSON: Yes, again, I know there has
been a lot of discussion in the past about the small-town character and look and feel and all the subjective
language. That again, as Ms. Shoopman mentioned, is
specifically what was requested to be removed by the State as our implementation program. So that’s, again, why it’s before the Planning Commission.

COMMISSIONER BURNETT: But, again, I’m not trying
to be argumentative here, but we’re only talking about our

Page 610 ends

ITEM NO. 15.

LOS GATOS PLANNING COMMISSION 12/11/2024, Item #5,
Amendments to Town Code re: Architecture and Site
Application, Conditional Use Permit, Manufactured
Housing, Private Open Space, Community Recreation Space 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
Housing Element, which only pertains, as far as I can look at it, as sites.

DIRECTOR PAULSON: No. I’ll try to be clear. The
housing implementation programs do not apply only to the housing sites. They apply to all housing in the entire
town, existing and proposed moving forward. A
misunderstanding, maybe, that you have is that the
implementation programs only apply to the site. They do not. The sites are their own separate element of the
Housing Element, but these implementation programs apply Town wide.

COMMISSIONER BURNETT: But developers or builders
can choose whether they want to go on the fast track, which means they use the Objective Standard guidelines, or they can choose to go through our architectural design and have a more subjective review, so how can you make a blanket statement like that when there can be two different tracks you follow? If you follow a track that isn’t using
Objective Standards, then you would be able to use the
subjective and you could use character, and you could use (inaudible).

DIRECTOR PAULSON: I’ll start, and maybe the Town
Attorney will have some additional comments.

Page 611 ends

ITEM NO. 15.

LOS GATOS PLANNING COMMISSION 12/11/2024, Item #5,
Amendments to Town Code re: Architecture and Site
Application, Conditional Use Permit, Manufactured
Housing, Private Open Space, Community Recreation Space 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
We’re taking all the projects, whether they’re
going through what you described as the subjective track or the objective track.

COMMISSIONER BURNETT: Right.

DIRECTOR PAULSON: We’re asking for all the same
things in both processes. The difference is that in the objective track we can’t require the applicants to make those changes, even if we request them, whereas in the
subjective side we can compel more of those. Like with
single-family home, even the projects that are SB 330 are going to Larry Cannon. He’s providing recommendations, but folks are choosing how many, or if any, of those they are interested in making given that we can only hold them to the Objective Standards.

So, nothing is going to change with the process,
it’s just some of the language. Again, it’s from the
State’s perception that these subjective findings or
considerations, again, are an obstacle, a barrier, to
housing.

So far, it hasn’t changed how Staff is processing
either of those types of projects. We’re processing the same exact way; we just in some cases can compel folks to do things, in other cases we cannot.

Page 612 ends

ITEM NO. 15.

VICE CHAIR THOMAS: Any additional questions or
comments? Are we ready for a motion?
COMMISSIONER BARNETT: I’ll present a motion.

VICE CHAIR THOMAS: Thank you.

COMMISSIONER BARNETT: On Item 5 on the calendar
tonight, I move to forward a recommendation to the Town Council on amendments to Chapter 29 (Zoning Regulations) to the Town Code regarding considerations for an Architecture and Site Application, findings for a Conditional Use
Permit, Manufactured Housing, and Private Open Space and Community Recreation Space requirements pursuant to
Implementation Program AQ 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. Town Code
Amendment Application A-24-008. I can make the findings for CEQA on page 149 of the Staff Report as well as the
findings for the General Plan.

VICE CHAIR THOMAS: Commissioner Hanssen.

COMMISSIONER HANSSEN: I’ll second the motion.

Page 613 ends

ITEM NO. 15.

LOS GATOS PLANNING COMMISSION 12/11/2024, Item #5,
Amendments to Town Code re: Architecture and Site
Application, Conditional Use Permit, Manufactured
Housing, Private Open Space, Community Recreation Space 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
VICE CHAIR THOMAS: Just to clarify, the Maker of
the Motion, that includes the language of the proposed
ordinance? That was included in it?
COMMISSIONER BARNETT: Yes, that’s included.

VICE CHAIR THOMAS: Okay, thank you. Is there any
discussion? Commissioner Burnett.

COMMISSIONER BURNETT: Yes, discussion. I will
vote in favor of it to the Town Council, but I would like to add that I have my trepidations about these amendments, and I would hope the Town Council would look clearly at them and make sure that we are on the right track.

VICE CHAIR THOMAS: Any other comments? Seeing
none, by a show of hands, all those in favor of the motion, please raise your hand. The motion passes unanimously.
(END)

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ITEM NO. 15.

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ITEM NO. 15.

HCD Draft Revised 2023-2031 Housing Element
10-62 HCD Draft Revised 2023-2031 Housing Element May 2024 Programs
Health and Safety Code Section
17000, et seq.).
 Allow for group homes of seven and
more by right in residential districts,
and to conform with HCD’s Group
Home Technical Advisory (Dec 2022).
 Modify the language of Municipal
Code Section 29.10.530(a) to remove
finding number 5 of the mandatory
criteria for granting a reasonable
accommodation request.

In addition, the Town will prioritize special
needs housing by allowing for reduced
processing times and streamlined
procedures for applicable zoning/land use
applications. Include preferential handling
of special needs populations in
management plans and regulatory
agreements of funded projects.

AQ 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:
 Amend the Zoning Code to include a
Housing Element Overlay Zone
(HEOZ) to apply to the sites included
in the Site Inventory to modify the
development standards (i.e., density,
lot coverage, FAR, height) on those
sites. The Town will commit to
monitoring and evaluating the HEOZ
development standards and complete
first evaluation of said standards by
December 2026 and then annually
thereafter, including outreach with the
development community, and making
adjustments as necessary. If it is
determined that adjustments are
needed, they will be completed within
six months of the annual evaluation.

The amended HEOZ Ordinance is
projected to be adopted by the Town
Council in March of 2024.
 Clarify the text of the non-residential
zones regarding housing.
 Rezone the Caltrans Right-of-Way –
Site E3 from R:1:8 to R-M. Take
additionally steps to make the site
available for residential development,
including decertification, by the end of
Implementation
HE-1.1 Adequate Sites
HE-1.2 Multi-family Housing Densities
HE-2.11 Smart Growth
Responsible Department/Review Authority
Community Development Department
Timeframe
Complete rezonings by January 31, 2024, and
monitoring and evaluation of the HEOZ
developments standards by December 2026.

Funding Source
General Plan Update Fund
Quantified Objective
Amend the Zoning Code consistent with the
Housing Element timing
Performance Metric(s)
Number of affordable homeownership units entitled
and numbers of units entitled for moderate, low,
and very-low households and adopt the Zoning
Code amendments
ATTACHMENT 3

Page 616 ends

ITEM NO. 15.

10. Housing Element
May 2024 HCD Draft Revised 2023-2031 Housing Element 10-63 Programs
2026. If by 2027 the site has not
progressed to be available for
residential development in the
planning period, identify and add
additional sites, if necessary, by
2028.
 Amend the Accessory Dwelling Unit
Ordinance.
 Amend the Density Bonus Ordinance.
 Amend the Architecture and Site
considerations for a multi-family and
mixed-use project to make them
objective and provide certainty in
outcomes.
 Amend the Architecture and Site
findings for a multi-family and mixeduse project to make them objective and provide certainty in outcomes of
the application review. Specifically,
address Finding (4) relating to site
layout and Finding (6) relating to the
exterior architectural design of
buildings and structures. These
findings can be considered subjective
and open to interpretation.
 Amend the Conditional Use Permit
findings for a multi-family and mixeduse project to make them objective and provide certainty in outcomes of
the application review. Specifically,
address Finding (1) relating to use of
the property as desirable to the public
convenience and Finding (2) relating
to the integrity and character of the
zone. These findings can be
considered subjective and open to
interpretation.
 Amend the Zoning Code to clarify that
the Town will comply with Section
65852.3 of the Government Code to
allow the installation of manufactured
homes.
 Amend the Zoning Code to align the
private open space and the
community recreation space
requirements for a multi-family and
condominium project with the
Objective Design Standards.
 Amend the Zoning Code to align
parking requirements for a multifamily and condominium project with the preparation of the Objective
Design Standards.

Page 617 ends

ITEM NO. 15.

Sec. 29.10.020. Definitions.

The following standards apply to all residential condominiums in all zones. Higher standards may be imposed during the zoning approval process when the welfare of the occupants requires. (1) Private open space. Each ground floor dwelling unit shall have a minimum of two hundred one hundred and twenty (200 120) square feet of outdoor usable open space in the form of a single enclosed patio or deck located essentially at the level of the main living area. Each dwelling unit above the ground floor shall have one hundred twenty sixty (120 60) square feet of outdoor usable open space in the form of a balcony. Where multiple balconies are provided for a single unit, the 60-square foot minimum can be an aggregate of all balconies, provided each balcony meets the requirements for minimum horizontal dimensions. For purposes of this section, a multiple floor unit with the lower floor on the ground level can choose to either provide 120 square feet of open space in the form of a single enclosed patio or deck or provide 60 square feet of open space in the form of a balcony.is treated as a ground floor unit. The minimum horizontal dimension is six feet in any direction. The minimum vertical clearance required is eight feet. Private recreation space shall be directly accessible from the residential unit.The minimum horizontal dimension for a patio is ten (10) feet and for a balcony is six (6) feet. Private open space shall be suitably screened for the privacy of the occupant. Location and screening are subject to review by the deciding body.
(2) Community recreation space. The minimum dimensions are 10 feet by 6 feet. A minimum of 60 percent of the community recreation space shall be open to the sky and free of permanent solid-roofed weather protection structures. Community recreation space shall provide shading for a minimum of 15 percent of the community recreation space by either trees or structures, such as awnings, canopies, umbrellas, or a trellis. Tree shading shall be calculated by using the diameter of the tree crown at 15 years maturity.

Sec. 29.20.150. Considerations in review of applications.

The following standards apply to multiple-family dwellings other than residential condominiums. (1) Private open space. Each ground floor dwelling unit shall have a minimum of one hundred and twenty (120) square feet of outdoor usable open space in the form of a single enclosed patio or deck located essentially at the level of the main living area. Each dwelling unit above the ground floor shall have sixty (60) square feet of outdoor usable open space in the form of a balcony. Where multiple balconies are provided for a single unit, the 60-square foot minimum can be an aggregate of all balconies, provided each balcony meets the requirements for minimum horizontal dimensions. For purposes of this section, a multiple floor unit with the lower floor on the ground level can choose to either provide 120 square feet of open space in the form of a single enclosed patio or deck or provide 60 square feet of open space in the form of a balcony. The minimum horizontal dimension is six feet in any direction.

The minimum vertical clearance required is eight feet. Private recreation space shall be directly accessible

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ITEM NO. 15.
from the residential unit. Private open space shall be suitably screened for the privacy of the occupant. Location and screening are subject to review by the deciding body. (2) Community recreation space. The minimum dimensions are 10 feet by 6 feet. A minimum of 60 percent of the community recreation space shall be open to the sky and free of permanent solid-roofed weather protection structures. Community recreation space shall provide shading for a minimum of 15 percent of the community recreation space by either trees or structures, such as awnings, canopies, umbrellas, or a trellis. Tree shading shall be calculated by using the diameter of the tree crown at 15 years maturity. Shading from other built structures shall be calculated by using the surface area of the overhead feature.
i. Community recreation space shall be provided in Residential Mixed-Use developments at a minimum of 100 square feet per residential unit plus a minimum of two percent of the nonresidential square footage. ii. Community recreation space shall be provided in multi-family residential development projects at a minimum of 100 square feet per residential unit.
iii. A project with four or fewer residential units is exempt from community recreation space requirements.

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DRAFT ORDINANCE

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING CHAPTER 29, “ZONING REGULATIONS,” OF THE TOWN CODE TO AMEND

CONSIDERATIONS FOR AN ARCHITECTURE AND SITE APPLICATION, FINDINGS FOR A

CONDITIONAL USE PERMIT, MANUFACTURED HOUSING, AND PRIVATE OPEN SPACE AND COMMUNITY RECREATION SPACE REQUIREMENTS.

WHEREAS, the 2023-2031 Housing Element, which was adopted on June 4, 2024, and subsequently found in compliance with housing element law on July 10, 2024, by the California Department of Housing and Community Development, provides that the Town will amend Chapter 29 (Zoning Regulations) of the Town Code regarding considerations for an Architecture and Site application, findings for a Conditional Use Permit, manufactured housing, and private open space and community recreation space requirements; WHEREAS, on December 10, 2024, the Planning Commission reviewed the proposed amendments to Chapter 29 (Zoning Regulations) of the Town Code, found that the proposed amendments are consistent with the goals and policies of the Town’s General Plan, and recommended adoption of the proposed amendments by the Town Council; WHEREAS, the amendments are consistent with the General Plan and its Elements; and WHEREAS, the amendments are consistent with Chapter 29, “Zoning Regulations” of the Town Code.

NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as follows:

SECTION I. Incorporation of Recitals.

The Town Council finds that the above Recitals are true and correct and are incorporated herein by reference.

SECTION II. In Section 29.10.020, “Definitions,” of Chapter 29, “Zoning Regulations,” the definition of “Dwelling, single-family” is amended to read as follows:

Dwelling, single-family means a detached building containing but one (1) kitchen and designed and used to house not more than one (1) family, including domestic employees of such family, and manufactured homes pursuant to Section 65852.3 of the Government Code.

SECTION III. Section 29.10.065 “Recreational open space for residential condominiums,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:
(1) Private open space. Each ground floor dwelling unit shall have a minimum of one hundred and twenty (120) square feet of outdoor usable open space in the form of a single enclosed patio or deck located essentially at the level of the main living area. Each Draft Ordinance to be
modified by Town
Council deliberations
and direction.

ATTACHMENT 5

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dwelling unit above the ground floor shall have sixty (60) square feet of outdoor usable open space in the form of a balcony. Where multiple balconies are provided for a single unit, the 60-square foot minimum can be an aggregate of all balconies, provided each balcony meets the requirements for minimum horizontal dimensions. For purposes of this section, a multiple floor unit with the lower floor on the ground level can choose to either provide 120 square feet of open space in the form of a single enclosed patio or deck or provide 60 square feet of open space in the form of a balcony. The minimum horizontal dimension is six feet in any direction. The minimum vertical clearance required is eight feet. Private recreation space shall be directly accessible from the residential unit. Private open space shall be suitably screened for the privacy of the occupant. Location and screening are subject to review by the deciding body. (2) Community recreation space. The minimum dimensions are 10 feet by 6 feet. A minimum of 60 percent of the community recreation space shall be open to the sky and free of permanent solid-roofed weather protection structures. Community recreation space shall provide shading for a minimum of 15 percent of the community recreation space by either trees or structures, such as awnings, canopies, umbrellas, or a trellis. Tree shading shall be calculated by using the diameter of the tree crown at 15 years maturity.

Shading from other built structures shall be calculated by using the surface area of the overhead feature.
i. Community recreation space shall be provided in Residential Mixed-Use developments at a minimum of 100 square feet per residential unit plus a minimum of two percent of the non-residential square footage.
ii. Community recreation space shall be provided in multi-family residential development projects at a minimum of 100 square feet per residential unit. iii. A project with four or fewer residential units is exempt from community recreation space requirements.

SECTION IV. Subsection (4) of Section 29.20.150 “Considerations in review of applications,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:
(4) Considerations relating to site layout. The orientation and location of buildings and open spaces in relation to the physical characteristics of the site and the neighborhood; and the appearance of the buildings with adjacent development. Buildings shall strengthen the form of the neighborhood (e.g. downtown, Los Gatos Boulevard, etc.). Buildings should maximize preservation of solar access. In the downtown, mid-block pedestrian arcades linking Santa Cruz Avenue with existing and new parking facilities shall be encouraged, and shall include such crime prevention elements as good sight lines and lighting systems.

SECTION V. Subsection (6) of Section 29.20.150, “Considerations in review of applications,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:
(6) Considerations relating to the exterior architectural design of buildings and structures.

The effect of the height, width, shape, and exterior construction and design of buildings

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and structures as such factors relate to the existing and future neighborhood and purposes of the zone in which they are situated, and the purposes of architecture and site approval. Consistency and compatibility shall be encouraged in scale, massing, materials, color, texture, reflectivity, openings, and other details.

SECTION VI. Subsection (a) of Section 29.20.190, “Findings and decision,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:
(a) The deciding body, on the basis of the evidence submitted at the hearing, may grant a conditional use permit when specifically authorized by the provisions of this chapter if it finds that:
(1) The proposed uses of the property are essential to the public convenience or welfare;
(2) The proposed uses will not impair the existing uses of the zone; (3) The proposed uses would not be detrimental to public health, safety or general welfare; and
(4) The proposed uses of the property are in harmony with the various elements or objectives of the general plan and the purposes of this chapter; and (5) A hazardous waste facility proposal is subject to the California Health and Safety Code, Article 8.7, Section 25199—25199.14 and shall be consistent with the Santa Clara County Hazardous Waste Management Plan.

SECTION VII. Section 29.40.660, “Recreational open space for multiple-family dwellings,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:
(1) Private open space. Each ground floor dwelling unit shall have a minimum of one hundred and twenty (120) square feet of outdoor usable open space in the form of a single enclosed patio or deck located essentially at the level of the main living area.

Each dwelling unit above the ground floor shall have sixty (60) square feet of outdoor usable open space in the form of a balcony. Where multiple balconies are provided for a single unit, the 60-square foot minimum can be an aggregate of all balconies, provided each balcony meets the requirements for minimum horizontal dimensions.

For purposes of this section, a multiple floor unit with the lower floor on the ground level can choose to either provide 120 square feet of open space in the form of a single enclosed patio or deck or provide 60 square feet of open space in the form of a balcony.

The minimum horizontal dimension is six feet in any direction. The minimum vertical clearance required is eight feet. Private recreation space shall be directly accessible from the residential unit. Private open space shall be suitably screened for the privacy of the occupant. Location and screening is subject to review by the deciding body. (2) Community recreation space. The minimum dimensions are 10 feet by six feet. A minimum of 60 percent of the community recreation space shall be open to the sky and free of permanent solid-roofed weather protection structures. Community recreation space shall provide shading for a minimum of 15 percent of the community recreation space by either trees or structures, such as awnings, canopies, umbrellas, or a trellis.

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Tree shading shall be calculated by using the diameter of the tree crown at 15 years maturity. Shading from other built structures shall be calculated by using the surface area of the overhead feature.
i. Community recreation space shall be provided in Residential Mixed-Use developments at a minimum of 100 square feet per residential unit plus a minimum of two percent of the non-residential square footage.
ii. Community recreation space shall be provided in multi-family residential development projects at a minimum of 100 square feet per residential unit. iii. A project with four or fewer residential units is exempt from community recreation space requirements.

SECTION VIII. Severability.

In the event that a court of competent jurisdiction holds any Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance unconstitutional, preempted, or otherwise invalid, the invalid portion shall be severed from this Ordinance and shall not affect the validity of the remaining portions of this Ordinance. The Town hereby declares that it would have adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences, clauses or phrases in this Ordinance might be declared unconstitutional, preempted, or otherwise invalid.

SECTION IX. California Environmental Quality Act (CEQA) Considerations.

The Town Council finds that this Ordinance is exempt from the provisions of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) in that it can be seen with certainty that it will not significantly affect the physical environment in that it will make minor changes to the regulations applicable to considerations for an Architecture and Site application, findings for a Conditional Use Permit, manufactured housing, and private open space and community recreation space requirements.

SECTION X. 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 Council hereby directs the Town Clerk to cause this Ordinance or a summary thereof to be published or posted in accordance with Section 36933 of the Government Code of the State of California.

SECTION XI. Effective Date.

This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on the 21st day of January 2025, and adopted by the Town Council of the Town of Los Gatos at its regular meeting on the ____ day of _____ 2025, by the following vote:

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COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:
_______________________________

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
ATTEST:
___________________________________

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA

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ITEM NO. 15.

PREPARED BY: Sean Mullin, AICP
Planning Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 01/21/2025
ITEM NO: 16
DATE: January 16, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Introduce an Ordinance Amending Chapter 29 (Zoning Regulations) of the Town Code Regarding Parking Standards Pursuant to Implementation Program AA 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. Town Code Amendment Application A-24-009. 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 Regulations,” of the Town Code Regarding Parking Standards, Pursuant to Implementation Program AA of the 2023-2031 Housing Element.

RECOMMENDATION:

Introduce an ordinance (Attachment 5) amending Chapter 29 (Zoning Regulations) of the Town Code regarding parking standards pursuant to Implementation Program AA of the 2023-2031 Housing Element.

BACKGROUND:

Implementation Program AA of the Housing Element requires that the Town initiate a study and outreach, including developers, to make specific updates that would reduce parking standards in the Town by taking the following actions:

1. Align parking requirements with the preparation of Objective Design Standards (ODS).

2. Reduce parking requirements near transit.

3. Remove guest parking requirements for all residential and mixed-use projects in all zones.

4. Allow parking to be unbundled from residential units.

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ITEM NO. 16.

PAGE 2 OF 6
SUBJECT: Zoning Code Amendments, Implementation Program AA DATE: January 16, 2025
On December 11, 2024, the Planning Commission voted (3-1) to recommend to the Town Council approval of the amendments to Chapter 29 (Zoning Regulations) regarding Parking Standards with an additional recommendation that a clearer definition of transit stop be incorporated into the Town Code (Attachments 1 and 2). As discussed below, the term public transportation has been incorporated into Item #3 in response to the recommendation of the Planning Commission.

DISCUSSION:

The following items included in Program AA have been forwarded to the Town Council ahead of completing the study and outreach process due to their relative simplicity and in an effort to continue making progress on the Implementation Programs included in the 2023-2031 Housing Element. Staff anticipates returning with additional Town Code amendments related to parking standards in Spring 2025.

Item #1
Item #1 requires that the Town’s parking requirements align with the preparation of the ODS.

This item was developed with the assumption that the ODS, which was still being developed at the time, would include parking requirements stipulating the quantity of parking required for qualifying projects. During the development of the ODS document, it was determined that the existing parking requirements included in the Town Code were objective and it was not necessary to repeat these requirements in the ODS document. Therefore, no parking requirements were included in the final ODS and no action is needed by the Town to complete Item #1.

Item #2
Item #2 requires that the Town reduce parking requirements near transit. The Town Code currently requires multi-family developments to provide one and one-half parking spaces per dwelling unit, plus one additional guest parking space per unit. Since the term “transit” is ambiguous and open to interpretation, the following provides several defined terms in state law and the Town Code related to transit in the context of parking requirements.

State law primarily relies on two definitions when addressing parking requirements near transit:
a major transit stop; and a high-quality transit corridor.

Public Resources Code Section 21064.3 defines a major transit stop as a site containing any of the following:
(a) An existing rail or bus rapid transit station.
(b) A ferry terminal served by either a bus or rail transit service.

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ITEM NO. 16.

PAGE 3 OF 6
SUBJECT: Zoning Code Amendments, Implementation Program AA DATE: January 16, 2025
(c) The intersection of two or more major bus routes with a frequency of service interval of 20 minutes or less during the morning and afternoon peak commute periods. (d) A site in an urbanized area that is served by an on-demand transit service at least 12 hours each day, seven days per week.

Public Resources Code 21155 defines a high-quality transit corridor as a corridor with fixed route bus service with service intervals no longer than 20 minutes during peak commute hours.

State Density Bonus Law allows the following parking ratios by-right:
(A) Zero to one bedroom: one onsite parking space.
(B) Two to three bedrooms: one and one-half onsite parking spaces. (C) Four and more bedrooms: two and one-half onsite parking spaces.

Density Bonus Law allows for further parking ratio reductions for specific scenarios when a development is located within one-half mile of a major transit stop.

The Town’s ADU ordinance eliminates additional parking requirements for ADUs located within one-half mile walking distance of public transit, consistent with CA Government Code Section 65852.2 (d). The Town’s ADU ordinance defines public transit as a location, such as a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. This provision of the ADU ordinance applies to those areas of the Town within one-half mile walking distance of the three VTA bus routes currently serving the Town.

The Town’s SB 9 ordinance eliminates parking requirements for units located within one-half mile walking distance of a major transit stop, high-quality transit corridor, or where there is a designated parking area for one or more car-share vehicles within one block of the parcel. As noted below, there are no major transit stops in the Town and only a limited area of the Town within one-half mile of a high-quality transit corridor.

Based on an analysis of VTA’s system map (Attachment 1, Exhibit 3) and frequency tables (Attachment 1, Exhibit 4), there are no major transit stops within Town boundaries or within one-half mile of the Town boundary. Portions of Bascom Avenue and Samaritan Drive meet the definition of a high-quality transit corridor, as they are served by VTA bus Route 61 having a peak service interval of 15 minutes. The other two VTA routes serving the Town have peak service intervals of 30 minutes (Route 27) and 60 minutes (Route 37) and would not qualify as high-quality transit corridors.

To implement Item #2, staff recommends that Town Code Section 29.10.150 (c)(3) be amended to reduce the parking requirements for multi-family residential developments and mixed-use developments that include a multi-family residential component from one and one-half parking spaces per dwelling unit to one parking space per dwelling unit when the

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PAGE 4 OF 6
SUBJECT: Zoning Code Amendments, Implementation Program AA DATE: January 16, 2025
parcel is located within one-half mile walking distance of public transportation, which would be defined as a high-quality transit corridor, as defined in subdivision (b) of Public Resources Code Section 21155, or a major transit stop, as defined in Public Resources Code Section 21064.3.Staff recommends using public transportation, as defined, to ensure that residents of multi-family dwellings where parking requirements would be reduced through this Ordinance will have access to adequate transit options.
(3) Multiple-unit dwellings in all zones and two-family dwellings in the R-1D zone. One and onehalf (1½) times the number of living units in such dwellings, except multiple-unit dwellings and mixed-use developments that include a multiple-unit dwelling component that are located within one-half (½) mile walking distance of public transportation shall provide one (1) parking space per dwelling unit. For the purposes of this subsection, public transportation means a high-quality transit corridor, as defined in subdivision (b) of Public Resources Code Section 21155, or a major transit stop, as defined in Public Resources Code Section 21064.3.

Item #3
Item #3 requires that the guest parking requirements for all residential and mixed-use developments included in the Town Code be eliminated. Currently, in addition to other parking requirements, the Town Code requires one visitor parking space for each residential unit other than a detached single-family or two-family dwelling throughout the Town. The Town Code does not require guest parking for single-family and two-family dwellings. The proposed amendments to the Town Code would eliminate the guest parking requirements contained in Town Code Section 29.10.150 (b) and (c) for multi-family developments. This item of Implementation Program AA requires amendments to Chapter 29 (Zoning Regulations) of the Town Code for multi-family developments townwide and are not limited to the Sites Inventory sites of the 2023-2031 Housing Element.
(b) Parking requirements for downtown. In addition to other parking requirements, one (1) visitor parking space for each residential unit other than detached single-family or twofamily dwelling shall be required unless the Planning Commission makes a finding that more or less visitor parking is necessary due to the size or type of housing unit(s). The parking requirements for various uses in the downtown are as follows:
(c) Outside downtown parking requirements. The number of off-street parking spaces required for areas outside the downtown is set in this subsection. When a use is not listed in this subsection, the Planning Director shall determine the parking requirements by analogy to the requirements for the listed uses. In addition to other parking requirements, one (1) visitor parking space for each residential unit other than a detached single-family or two-family dwelling shall be required, unless the Planning Commission makes a finding that more or less visitor parking is necessary due to the size or type of housing unit(s).

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ITEM NO. 16.

PAGE 5 OF 6
SUBJECT: Zoning Code Amendments, Implementation Program AA DATE: January 16, 2025
Item #4
Item #4 requires that the Town allow parking to be unbundled from residential units. California Civil Code § 1947.1 defines “unbundled parking” as the practice of selling or leasing parking spaces separate from the lease of the residential property. Staff is currently studying existing state laws and programs in other municipalities regarding unbundled parking to determine an appropriate approach for the Town. Staff anticipates returning to the Planning Commission and Town Council with amendments to the Town Code regarding unbundled parking in Spring 2025.

Additional Code Amendments for Parking
In addition to the items above, staff has included the following clean-up amendments to the parking division of the Town Code:
 Reintroduce the following parking requirements in Section 29.10.150 (b) that were erroneously removed through a Town Code amendment related to economic vitality completed in 2023.
(3) Theaters. One (1) parking space for each three hundred (300) square feet of gross floor area.
(4) For uses not specifically listed in this subsection the requirements shall be as set forth in subsection (c).
 Remove language from Section 29.10.150 (c)(6), parking requirements for hospitals, that is unrelated to parking requirements for hospitals.
(6) Hospitals. One and one-half (1½) parking spaces for each bed. For uses not specifically listed in this subsection the requirements shall be as set forth in subsection

29.10.150(c).

CONCLUSION:

If the Town Council introduces the proposed ordinance (Attachment 5), it will be placed on the February 4, 2025, Town Council agenda for adoption and the ordinance will take effect 30 days after adoption.

COORDINATION:

This report was coordinated with the offices of the Town Manager and Town Attorney.

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ITEM NO. 16.

PAGE 6 OF 6
SUBJECT: Zoning Code Amendments, Implementation Program AA DATE: January 16, 2025
FISCAL IMPACT:

Adoption of this ordinance does not impact the Town’s budget and is required under Program AA of the 2023-2031 Housing Element.

ENVIRONMENTAL ASSESSMENT:

ATTACHMENTS:

1. December 11, 2024, Planning Commission Staff Report, with Exhibits 1 through 4

2. December 11, 2024, Planning Commission Verbatim Minutes

3. Implementation Program AA

4. Redline Town Code

5. Draft Ordinance

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ITEM NO. 16.

PREPARED BY: Sean Mullin, AICP
Planning Manager
Reviewed by: Community Development Director 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: 12/11/2024
ITEM NO: 4
DATE: December 6, 2024
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Forward a Recommendation to the Town Council on an Ordinance Amending Chapter 29 (Zoning Regulations) of the Town Code Regarding Parking Standards, Pursuant to Implementation Program AA 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. Town Code Amendment Application A-24-009.

Project Location: Town Wide. Applicant: Town of Los Gatos.

RECOMMENDATION:

Forward a recommendation to the Town Council on an Ordinance amending Chapter 29 (Zoning Regulations) of the Town Code regarding parking standards, pursuant to Implementation Program AA of the 2023-2031 Housing Element.

CEQA:

FINDINGS:
 The proposed amendments are exempt pursuant to CEQA, Section 15061(b)(3); and  The proposed amendments to Chapter 29 of the Town Code are consistent with the General Plan.

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ITEM NO. 16.

PAGE 2 of 6
SUBJECT: Parking Standards Code Amendments, Implementation Program AA/A-24-009 DATE: December 6, 2024
BACKGROUND:

1. Align parking requirements with the preparation of Objective Design Standards (ODS).

2. Reduce parking requirements near transit.

3. Remove guest parking requirements for all residential and mixed-use projects in all zones.

4. Allow parking to be unbundled from residential units.

DISCUSSION:

Staff has initiated the study and outreach process included in Program AA. The following items included in Program AA have been forwarded to the Planning Commission ahead of completing the study and outreach process due to their relative simplicity and in an effort to continue to make progress on the Implementation Programs included in the 2023-2031 Housing Element.

Staff anticipates returning with additional Town Code amendments related to parking in Spring 2025.

Item #1
Item #1 requires that the Town’s parking requirements align with preparation of the ODS. This item was developed with the assumption that the ODS, which were still being developed at the time, would include parking requirements stipulating the quantity of parking required for qualifying projects. During development of the ODS document, it was determined that the existing parking requirements included in the Town Code were objective and it was not necessary to repeat these requirements in the ODS document. Therefore, no parking requirements were included in the final ODS and no action is needed by the Town to complete Item #1.

Item #2
Item #2 requires that the Town reduce parking requirements near transit. The Town Code currently requires multi-family developments to provide one and one-half parking spaces per dwelling unit. Since the term “transit” is ambiguous and open to interpretation, the following provides several defined terms in state law and the Town Code related to transit in the context of parking requirements.

State law primarily relies on two definitions when addressing parking requirements near transit:
major transit stop; and high-quality transit corridor.

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ITEM NO. 16.

PAGE 3 of 6
SUBJECT: Parking Standards Code Amendments, Implementation Program AA/A-24-009 DATE: December 6, 2024
Public Resources Code Section 21064.3 defines a major transit stop as a site containing any of the following:
(a) An existing rail or bus rapid transit station.
(b) A ferry terminal served by either a bus or rail transit service. (c) The intersection of two or more major bus routes with a frequency of service interval of 20 minutes or less during the morning and afternoon peak commute periods. (d) A site in an urbanized area that is served by an on-demand transit service at least 12 hours each day, seven days per week.

Public Resources Code 21155 defines a high-quality transit corridor as a corridor with fixed route bus service with service intervals no longer than 20 minutes during peak commute hours.

The State Density Bonus Law allows the following parking ratios by-right:
(A) Zero to one bedroom: one onsite parking space.
(B) Two to three bedrooms: one and one-half onsite parking spaces. (C) Four and more bedrooms: two and one-half parking spaces.

Density Bonus Law allows for further parking ratio reductions for specific scenarios when a development is located within one-half mile of a major transit stop.

The Town’s ADU ordinance, which is consistent with state law, eliminates additional parking requirements for ADUs located within one-half mile walking distance of public transit, interpreted to mean any transit stop, regardless of service intervals. This provision of the ADU ordinance applies to those areas of Town within one-half mile walking distance of the three VTA bus routes currently serving the Town.

The Town’s SB 9 ordinance, which is consistent with state law, eliminates parking requirements for units located within one-half mile walking distance of a major transit stop, high-quality transit corridor, or where there is a designated parking area for one or more car-share vehicles within one block of the parcel. As noted above, there are no major transit stops in the Town and only a limited area of the Town within one-half mile of a high-quality transit corridor.

Based on an analysis of VTA’s system map (Exhibit 3) and frequency tables (Exhibit 4), there are no major transit stops within Town boundaries or within one-half mile of the Town boundary.

Portions of Bascom Avenue and Samaritan Drive meet the definition of high-quality transit corridor, as they are served by VTA bus Route 61 having a peak service interval of 15 minutes.

The other two VTA routes serving the Town have peak service intervals of 30 minutes (Route 27) and 60 minutes (Route 37) and would not qualify as high-quality transit corridors.

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ITEM NO. 16.

PAGE 4 of 6
SUBJECT: Parking Standards Code Amendments, Implementation Program AA/A-24-009 DATE: December 6, 2024
To implement Item #2, staff recommends that the Town Code Section 29.10.150 (c)(3) be amended to reduce the parking requirements for multi-family residential developments and mixed-use developments that include a multi-family residential component from one and one-half parking spaces per dwelling unit to one parking space per dwelling unit when the parcel is located within one-half mile of a transit stop. Staff recommends using transit stop to ensure that the intended impact of Item #2 is met. If the Town Code were amended to reduce parking standards near major transit stops and/or high-quality transit corridors, the change would have little impact and may not satisfy the intent of this implementation program. (3) Multiple-unit dwellings in all zones and two-family dwellings in the R-1D zone. One and onehalf (1½) times the number of living units in such dwellings, except multiple-unit dwellings and mixed-use developments that include a multiple-unit dwelling component that are located within one-half (½) mile walking distance of a transit stop shall provide one (1) parking space per dwelling unit.

Item #3
Item #3 requires that the guest parking requirements included in the Town Code be eliminated.

Currently, in addition to other parking requirements, the Town Code requires one visitor parking space for each residential unit other than a detached single-family or two-family dwelling throughout the Town. The proposed amendments to the Town Code would eliminate the guest parking requirements contained in Town Code Section 29.10.150 (b) and (c). (b) Parking requirements for downtown. In addition to other parking requirements, one (1) visitor parking space for each residential unit other than detached single-family or twofamily dwelling shall be required unless the Planning Commission makes a finding that more or less visitor parking is necessary due to the size or type of housing unit(s). The parking requirement for various uses in the downtown are as follows:
(c) Outside downtown parking requirements. The number of off-street parking spaces required for areas outside the downtown is set in this subsection. When a use is not listed in this subsection, the Planning Director shall determine the parking requirements by analogy to the requirements for the listed uses. In addition to other parking requirements, one (1) visitor parking space for each residential unit other than a detached single-family or two-family dwelling shall be required, unless the Planning Commission makes a finding that more or less visitor parking is necessary due to the size or type of housing unit(s).

Item #4
Item #4 requires that the Town allow parking to be unbundled from residential units. California Civil Code § 1947.1 defines “unbundled parking” as the practice of selling or leasing parking

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ITEM NO. 16.

PAGE 5 of 6
SUBJECT: Parking Standards Code Amendments, Implementation Program AA/A-24-009 DATE: December 6, 2024
spaces separate from the lease of the residential property. Staff is currently studying existing state law and programs in other municipalities regarding unbundled parking to determine an appropriate approach for the Town. Staff anticipates returning to the Planning Commission with amendments to the Town Code regarding unbundled parking in Spring 2025.

Additional Code Amendments for Parking
In addition to the items above, staff has included the following clean up amendments to the parking division of the Town Code:
 Reintroduce the following parking requirements in Section 29.10.150 (b) that were erroneously removed through a Town Code amendment related to economic vitality completed in 2023.
(3) Theaters. One (1) parking space for each three hundred (300) square feet of gross floor area.
(4) For uses not specifically listed in this subsection the requirements shall be as set forth in subsection (c).
 Remove language from 29.10.150 (c)(6) parking requirements for hospitals, that is unrelated to parking requirements for hospitals.
(6) Hospitals. One and one-half (1½) parking spaces for each bed. For uses not specifically listed in this subsection the requirements shall be as set forth in subsection

29.10.150(c).

CEQA DETERMINATION:

CONCLUSION:

A. Summary
The proposed amendments to the Town Code related to parking respond to Implementation Program AA of the 2023-2031 Housing Element.

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ITEM NO. 16.

PAGE 6 of 6
SUBJECT: Parking Standards Code Amendments, Implementation Program AA/A-24-009 DATE: December 6, 2024
B. Recommendation
Staff recommends that the Planning Commission review the information included in the staff report and forward a recommendation to the Town Council for approval of the proposed amendments to Chapter 29 of the Town Code (Exhibit 2). The Planning Commission should also include any comments or recommended changes to the proposed amendments in taking the following actions:

2. Make the required finding that the proposed amendments to Chapter 29 of the Town Code in the Draft Ordinance are consistent with the General Plan (Exhibit 1); and

3. Forward a recommendation to the Town Council for approval of the proposed amendments to Chapter 29 of the Town Code (Exhibit 2).

C. Alternatives
Alternatively, the Commission can:

1. Forward a recommendation to the Town Council for approval of the proposed amendments to the Town Code with modifications; or

2. Continue the matter to a date certain with specific direction.

COORDINATION:

This report was coordinated with the Town Attorney’s office.

EXHIBITS:

1. Required Findings

2. Proposed amendments to the Town Code

3. VTA System Map excerpt

4. VTA Frequency Chart

Page 134 ends

ITEM NO. 16.

PLANNING COMMISSION – December 11, 2024
REQUIRED FINDINGS FOR:

Town Code Amendment Application A-24-009
Forward a Recommendation to the Town Council on an Ordinance Amending Chapter 29 (Zoning Regulations) of the Town Code Regarding Parking Standards, Pursuant to Implementation Program AA 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. Town Code Amendment Application A-24-009. Project Location: Town Wide.

Applicant: Town of Los Gatos.

Required Findings for General Plan:
 The proposed amendments to Chapter 29 of the Town Code regarding parking standards are consistent with the General Plan.

EXHIBIT 1
S:\PLANNING COMMISSION REPORTS\2024\12-11-2024\ITEM X - PARKING STANDARDS\EXHIBIT 1 - REQUIRED FINDINGS.DOCX

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ITEM NO. 16.

DIVISION 4. PARKING
…
Sec. 29.10.150. Number of off-street spaces required.
(a) Intent. The regulations contained in this section are intended to ensure the provision of a sufficient number of off-street parking spaces privately and publicly owned and operated to satisfy needs generated by permissible uses.
(b) Parking requirements for downtown. In addition to other parking requirements, one (1) visitor parking space for each residential unit other than detached single-family or two-family dwelling shall be required unless the Planning Commission makes a finding that more or less visitor parking is necessary due to the size or type of housing unit(s). The parking requirement for various uses in the downtown are as follows:
(1) Retail and commercial stores shops, personal service businesses, specialty food retail, restaurants, bars, nightclubs, and tap/tasting rooms. One (1) parking space for each three hundred (300) square feet of gross floor area.
(2) Business and professional offices, retail banks, financial and investment services, insurance companies, social service agencies and studios. One (1) parking space for each two hundred fifty (250) square feet of gross floor area.
(3) Theaters. One (1) parking space for each three hundred (300) square feet of gross floor area. (4) For uses not specifically listed in this subsection the requirements shall be as set forth in subsection (c). (c) Outside downtown parking requirements. The number of off-street parking spaces required for areas outside the downtown is set in this subsection. When a use is not listed in this subsection, the Planning Director shall determine the parking requirements by analogy to the requirements for the listed uses. In addition to other parking requirements, one (1) visitor parking space for each residential unit other than a detached singlefamily or two-family dwelling shall be required, unless the Planning Commission makes a finding that more or less visitor parking is necessary due to the size or type of housing unit(s). (1) Single-family, residential condominiums and two-family dwellings. Two (2) parking spaces for each living unit.
(2) Reserved.
(3) Multiple-unit dwellings in all zones and two-family dwellings in the R-1D zone. One and one-half (1½) times the number of living units in such dwellings, except multiple-unit dwellings and mixed-use developments that include a multiple-unit dwelling component that are located within one-half (½) mile walking distance of a transit stop shall provide one (1) parking space per dwelling unit. (4) Hotels, motels and auto courts. One (1) parking space for each guest room or suite, plus one (1) parking space for each employee.
(5) Lodginghouses, boardinghouses. One (1) parking space for each two (2) beds in such building, plus one (1) parking space for each employee.
(6) Hospitals. One and one-half (1½) parking spaces for each bed. For uses not specifically listed in this subsection the requirements shall be as set forth in subsection 29.10.150(c).

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ITEM NO. 16.

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EXHIBIT 3
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FREQUENCY
CHART
OCTOBER 28, 2024
Light Rail MON–FRI
Hours

FREQUENCY
Commute Mid-Day Night
SAT
Hours

FREQUENCY
Day Night

SUN/HOL
Hours

FREQUENCY
Day Night

BLUE LINE
Baypointe–Santa Teresa 5:00am–12:00mid 15 15 30-45 5:30am–12:00mid 30 30-45 5:30am–12:00mid 30 30-45

GREEN LINE
Winchester–Old Ironsides 5:00am–12:00mid 15 15 30 6:00am–12:00mid 30 30 6:00am–12:00mid 30 30

ORANGE LINE
Alum Rock–Mountain View 5:00am–12:00mid 15 15 30-45 6:00am–12:00mid 30 30-45 6:00am–12:00mid 30 30-45 Routes 200-203 provide late-night bus service to replace some light rail trips.

Rapid Bus MON–FRI
Hours

FREQUENCY
Commute Mid-Day Night
SAT
Hours

FREQUENCY
Day Night

SUN/HOL
Hours

FREQUENCY
Day Night
500 Diridon Station–Berryessa BART 5:00am–2:00am 10 10 10-40 5:30am–2:00am 20 20-40 7:30am–2:00am 20 20-40 522 El Camino–Alum Rock 5:00am–11:00pm 15 15 20 6:00am–11:00pm 15 15-20 6:00am–10:30pm 15 15-20 523 Stevens Creek–Sunnyvale 5:30am–11:00pm 20 20 30 6:30am–11:00pm 20 30 7:00am–10:00pm 20 30 568 Gilroy–Diridon Station 5:00am–7:30pm 30 30 30
Frequent Bus MON–FRI
Hours

FREQUENCY
Commute Mid-Day Night
SAT
Hours

FREQUENCY
Day Night

SUN/HOL
Hours

FREQUENCY
Day Night
22 El Camino–Alum Rock 4:30am–2:00am 15 15 20-60 4:30am–2:00am 15 20-60 4:30am–2:00am 15 20-60 23 Stevens Creek–Alum Rock 5:00am–1:00am 15 15 15-60 6:00am–1:00am 15 15-60 6:00am–1:00am 15 15-60 25 Story–Willow 5:30am–12:00mid 12 12 20-60 6:00am–12:00mid 15 20-60 6:00am–11:30pm 15 30-60 west of Bascom 6:00am–10:30pm 24 24 60 7:00am–9:00pm 30 60 7:00am–8:00pm 30 60 26 Tully 5:30am–12:00mid 15 15 20-60 6:30am–12:00mid 20 30-60 6:30am–11:00pm 20 30-60 West Valley College 7:00am–10:00pm 30 30 60
57 Bowers–Saratoga 5:00am–10:30pm 15 15 30-60 6:30am–10:30pm 30 45-60 6:30am–9:30pm 30 60 60 Winchester–Brokaw 5:30am–12:00mid 15 15 20-30 5:30am–12:00mid 20 20-30 5:30am–12:00mid 20 20-30 61 Taylor–Bascom 5:30am–12:00mid 15 15 30 6:30am–12:00mid 30 30 6:30am–11:00pm 30 30 south of Bascom & Union 5:30am–12:00mid 30 30 60 6:30am–12:00mid 60 60 8:00am–8:30pm 60 60 64A McKee–Lincoln 5:30am–12:00mid 30 30 30-60 6:30am–12:00mid 30 30-60 7:00am–11:00pm 30 30-60 64B McKee–Meridian 6:00am–10:00pm 30 30 60 8:00am–7:00pm 60 9:00am–5:30pm 60 66 Oakland–Monterey–Snell 5:00am–12:00mid 15 15 20-60 5:30am–12:00mid 20 20-60 5:30am–11:30pm 20 30-60 68 Monterey 4:30am–12:30am 15 15 30-60 5:30am–12:30am 20 30-60 5:30am–12:30am 20 30-60 70 Jackson 5:30am–12:00mid 15 15 20-30 6:30am–12:00mid 20 20-60 6:30am–11:00pm 20 20-60 north of Berryessa BART Station 6:00am–10:30pm 30 30 30-60 6:30am–9:30pm 40 60 7:00am–9:00pm 40 60 71 Piedmont–White 5:30am–12:00mid 15 15 30-60 6:30am–12:00mid 20 30-60 7:00am–11:00pm 30 60 72 McLaughlin 5:30am–12:00mid 15 15 20-60 6:00am–12:00mid 20 20-60 6:30am–11:30pm 30 30-60 73 Senter 5:30am–11:30pm 15 15 20-60 6:30am–11:30pm 20 20-60 6:30am–11:00pm 30 30-60 77 King–Lundy 5:30am–12:00mid 15 15 20-60 6:30am–12:00mid 20 30-60 6:30am–11:00pm 30 30-60 Local Bus MON–FRI
Hours

FREQUENCY
Commute Mid-Day Night
SAT
Hours

FREQUENCY
Day Night

SUN/HOL
Hours

FREQUENCY
Day Night
20 Sunnyvale–Milpitas 6:00am–8:30pm 30 30 30
21 Middlefield 6:00am–9:30pm 30 30 60 8:00am–9:00pm 45 60 8:30am–7:30pm 60 60 27 Blossom Hill–Los Gatos 5:30am–10:00pm 30 30 45-60 7:00am–9:30pm 40 60 8:00am–8:30pm 60 60 31 Evergreen College 6:30am–10:00pm 30 30 60 8:30am–5:30pm 45 37 Hillsdale–Hacienda–Pollard 6:00am–6:30pm 60 60
39 Quimby–San Felipe 6:30am–8:30pm 60 60 60 9:00am–6:00pm 60 9:00am–6:00pm 60 40 Foothill College–North Bayshore 6:30am–10:00pm 30 30 30-50 8:30am–7:00pm 35 9:00am–7:00pm 45 42 Capitol–Evergreen 6:00am–6:30pm 60 60
44 McCarthy 6:00am–9:00pm 30 30 30-60 7:30am–8:00pm 40 60 8:30am–6:30pm 60 47 Calaveras 6:00am–9:00pm 30 30 30-60 8:00am–8:30pm 40 60 8:00am–7:00pm 60 51 Grant–Moffett 6:00am–7:30pm 30 30 30
south of De Anza 6:00am–7:30pm 60 60 60
52 Foothill College–Mountain View 7:00am–7:00pm 30 30
53 Homestead–Sunnyvale 6:30am–7:30pm 30 30 60
55 Sunnyvale–Saratoga 5:30am–10:00pm 30 30 60 7:30am–8:30pm 30 30-60 8:00am–8:30pm 30 30-60 56 Wolfe–Hamilton 5:30am–10:00pm 30 30 30-60 7:00am–10:30pm 30 30-60 8:00am–9:00pm 30 30-60 59 Monroe–Alviso 6:00am–10:00pm 30 30 45-60 8:00am–7:30pm 45 60 8:30am–7:00pm 45 83 Almaden 6:30am–9:00pm 60 60 60
84 Gilroy–Arroyo 8:00am–6:30pm 60 60 9:30am–5:30pm 60 9:30am–5:30pm 60 85 Gilroy–West 6:30am–7:30pm 60 60 60 9:00am–5:30pm 60 9:00am–5:30pm 60 86 Gilroy–Gavilan College 7:00am–9:30pm 30 30 60
87 Morgan Hill commute hours 60
89 California 6:30am–6:00pm 20-40 40
SCVMC SCVMC–Diridon Station commute hours 7 am trips / 10 pm trips Express Bus MON–FRI FREQUENCY
101 Camden & Hwy 85–Palo Alto commute hours 2 trips in each direction 102 Santa Teresa–Palo Alto commute hours 5 trips in each direction 103 Eastridge–Palo Alto commute hours 3 trips in each direction 104 Milpitas BART–Palo Alto commute hours 2 trips in each direction 121 Gilroy–Lockheed Martin commute hours 3 trips in each direction School-Oriented Routes
Routes 246, 247, 255, 256, 270, 287 and
288 provide school-oriented trips in
various parts of the VTA service area.

School routes are open to the public and
subject to adjustment or cancellation
based on school calendars.

EXHIBIT 4

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ITEM NO. 16.

LOS GATOS PLANNING COMMISSION 2/11/2024, Item #4,
Amendment to Town Code re: Parking Standards
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A P P E A R A N C E S:

Los Gatos Planning
Commissioners:

Emily Thomas, Vice Chair
Jeffrey Barnett
Susan Burnett
Melanie Hanssen
Town Manager: Chris Constantin
Community Development
Director:

Joel Paulson
Town Attorney: Gabrielle Whelan
Transcribed by: Vicki L. Blandin
(619) 541-3405
ATTACHMENT 2

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ITEM NO. 16.

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

VICE CHAIR THOMAS: The next item on the agenda
is Item 4. This is to forward a recommendation to the Town Council on an ordinance amending Chapter 29 (Zoning
Regulations) of the Town Code regarding parking standards, pursuant to Implementation Program AA 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.

Town Code Amendment Application A-24-009. Project Location is Town Wide, and the Applicant is the Town of Los Gatos.

I believe, Mr. Mullin, you’ll be providing the
Staff Report. Thank you.

SEAN MULLIN: Yes, thank you, Vice Chair. Before
you this evening is consideration of Town Code amendments required for the Housing Element Implementation Program AA regarding reduced parking requirements.

Program AA requires that the Town initiate a
study and outreach and make specific updates that would reduce parking standards of the Town by aligning parking requirements with the preparation of the Objective Design Standards by reducing parking requirements near transit, by removing guest parking requirements for all residential and

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mixed-use projects in all zones, and by allowing parking to be unbundled from residential units.

For Item 1, no action is needed (inaudible) the
Town since the final Objective Design Standards document did not include parking standards.

For Item 4 regarding unbundled parking, Staff is
currently studying existing state law and programs in other municipalities and anticipates returning to the Planning Commission with amendments to the Town Code in spring of next year.

The Staff Report details the proposed changes to
the Town Code for implementation of Item 2 for reduced
parking near transit, and Item 3, removing guest parking requirements throughout the Town.

Additional code amendments for parking are also
included in the draft amendments to reintroduce parking requirements that were erroneously removed during a
previous code update and remove some other language for clarity.

In April the Town will be reporting progress made
on this and other implementation programs to HCD to
demonstrate compliance with the certified Housing Element.

This concludes Staff’s presentation and we are
available for any questions.

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ITEM NO. 16.

LOS GATOS PLANNING COMMISSION 2/11/2024, Item #4,
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VICE CHAIR THOMAS: Thank you. Are there any
questions for Staff at this time? Commissioner Hanssen.

COMMISSIONER HANSSEN: Because there are multiple
items in here, and some of them are not for action, we’re making a recommendation to the Council on the specific
items that we need to that are mentioned in the Staff
Report, or do we need to itemize them in any motion we
would make?
SEAN MULLIN: Thank you for that question. I
think you can go either way. I think if there is consensus with the draft amendments as proposed by Staff, then a
single motion could carry the recommendation forward. If there are significant changes or recommendations to be
made, it’s the option of the Planning Commission and the Vice Chair to go item-by-item.

COMMISSIONER HANSSEN: Okay, thank you.

VICE CHAIR THOMAS: Commissioner Burnett, and
then Commissioner Barnett.

COMMISSIONER BURNETT: Thank you. A question for
Staff. This only pertains to sites on our Housing Element, correct?
SEAN MULLIN: Thank you for that question. No,
this would pertain to the Town for the effected parcels, not just the HEOZ sites.

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COMMISSIONER BURNETT: So, it would be Town wide?
SEAN MULLIN: It would Town wide in that some of
these would relate to parcels and their proximity to
transit stops in one instance, and then Town wide for
removal of the guest parking requirement for multi-family housing.

COMMISSIONER BURNETT: In single-family
districts, R-1?
SEAN MULLIN: It’s more about the use, because
the parking code applies regardless of the zoning, so if you had, let’s say, a nonconforming multi-family
development in an R-1:8 district, which is not where our multi-family project would be permitted, then the guest parking requirements would be removed; I’m using that as an example.

COMMISSIONER BURNETT: Okay, thank you.

VICE CHAIR THOMAS: Commissioner Barnett.

COMMISSIONER BARNETT: Thank you. Mr. Mullin or
other members of the Staff, if the Town Council agreed with the recommendations by the Planning Commission to approve the changes, would all the Implementation AA be included, except for Item 4 on bundling?
SEAN MULLIN: Thank you for that question. That’s
correct. The unbundled parking is not part of the draft

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amendments before you tonight, but Staff anticipates
returning with those in the spring. Item 1, there is no action needed, since the Objective Design Standards
document, which was under development at the time of the Housing Element draft, ended up not including parking
standards, so we’d just be looking at Items 2 and 3, and then the additional code cleanup items that aren’t related to the program.

COMMISSIONER BARNETT: A follow-up.

Implementation Program AA has quite a number of items in it, and what I was trying to figure out is whether all of those intended implementation items are being addressed by this amendment, except for Item 4.

SEAN MULLIN: Thank you for that. It would be
Items 2 and 3 that it would be addressed through tonight’s proposed amendments.

COMMISSIONER BARNETT: Items 2 and 3 only. Thank
you.

VICE CHAIR THOMAS: Any other questions for
Staff? I did have one question. Mr. Mullin, could you just explain why we’re seeing some of these implementation
programs right now in a context for it about next steps with regard to the Housing Element?

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SEAN MULLIN: Sure, thank you for that question.

I can start, and someone else can jump in if there is more information needed.

As part of the adopted Housing Element, as you
may be aware and for the public’s knowledge, there were a number of implementation programs that the Town included in our certified Housing Element. Most of them have a timeline and the Town is busy working on making progress on those implementation programs. It intends to provide a progress report to HCD in April of this year and then continuing progress reports following up to show whether we’ve
completed programs. Or in this case, we’d be making
progress on a program and come back with further progress later on, but it’s all in an effort to adhere to the
Housing Element and maintain its certification.

VICE CHAIR THOMAS: Great, thank you.

Commissioner Burnett.

COMMISSIONER BURNETT: Thank you. These changes,
they will become part of our Objective Design Standards? Because going through the standards we have now, this is not addressed.

SEAN MULLIN: Thank you for that question. The
Objective Design Standards do not include any quantitative parking requirements, such as number of spaces per square

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footage or space for use. The amendments in front of you tonight would be included in the parking division of
Chapter 29, which is the Zoning Code.

COMMISSIONER BURNETT: Because it was mentioned
that it would align parking requirements with the… When we add to our Objective Design Standards, it will become part of that in some way though, right?
SEAN MULLIN: To clarify, because it does get a
little bit confusing on the timing admittedly, when these implementation programs were being considered and drafted by the Council and the Planning Commission, at the same time and on a separate track the Objective Design Standards document was in development.

As part of development of Program AA in its draft
form, the implementation program wanted to make sure that any parking standards that would end up in the Objective Design Standards align with the Town Code. The finished product of the Objective Design Standards does not include parking requirements, such as quantity. There are some
things about treating parking lots, but that’s a separate issue; this is about parking quantity requirements, so
there is no action needed on Item 1, because of the timing of when the design standards were being drafted and when the program was being drafted.

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ITEM NO. 16.

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COMMISSIONER BURNETT: Okay, thank you.

VICE CHAIR THOMAS: Commissioner Hanssen.

COMMISSIONER HANSSEN: I just had a comment. It
was my recollection, since I was one of the people that worked on the Objective Design Standards, at least version one, that when we went through everything if it was already objective in our code, we opted not to duplicate it in the Objective Design Standards, because then you have an
updating issue if you’re ever going to change anything.

That is why you wouldn’t necessarily need to put this in the Objective Design Standards, because we already have it in our code. If that’s not right, please correct me.

SEAN MULLIN: Thank you for that. I worked on the
Objective Design Standards and I remember those
conversations and agree with that.

VICE CHAIR THOMAS: Okay, great. Thank you. Any
other questions? We will now open the floor to public
comment. Is there anyone in the public that wants to speak? Through Zoom?
DIRECTOR PAULSON: Through the Chair, there are
no hands raised on Zoom.

VICE CHAIR THOMAS: Okay, thank you. I will close
the public comment portion of the evening and look for
discussion and possibly a motion. Commissioner Burnett.

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ITEM NO. 16.

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COMMISSIONER BURNETT: I think this item, I’m
having problems with the parking issues. Why are we
removing guest parking requirements in all areas? I’m just wondering why are we needing to do that?
SEAN MULLIN: Thank you for that question. I can
start, and someone can jump in if they have other
information. I think the intent was to remove barriers to creating housing; that was part of the driving force of the Housing Element and through guidance through HCD, so the guest parking may have been identified as a barrier to
creating additional housing on parcels, or new housing in multi-family developments, to clarify that.

DIRECTOR PAULSON: I’ll just add, thank you,
through the Chair, all of these implementation programs, many of them were requirements of HCD for us to get
certification, and to Mr. Mullin’s point, they’re looking to remove as many barriers as possible across the State, and the Town included, and parking is often a barrier
because it is so expensive to create, and so that’s one that’s in many housing elements across the State.

COMMISSIONER BURNETT: To continue, and that
includes housing that is already in our environment and in our different zones?

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ITEM NO. 16.

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DIRECTOR PAULSON: For a little bit more
clarification, I think you asked a question before about single-family homes. Those are required guest parking. Only multi-family rentals currently require guest parking, and that’s up to one space per unit.

We have other documents, like the North Forty
Specific Plan, which requires, I think, a half-space per guests. That’s ultimately something that we might have to modify as well. It also has requirements based on the
number of bedrooms.

There is also reduced parking in State law
through State Density Bonus statute, so what we’re seeing is with the environment that we have with current State law, through State Density Bonus folks are requesting
waivers anyway to be even less than one in some cases, so that’s not something we’re ultimately going to be able to enforce moving forward.

This really is, again, something the State is
requiring through the Housing Element. If we choose not to do that, then there may be consequences down the line with this or any of the other items that we bring forward.

COMMISSIONER BURNETT: Is this for new
development, new mixed-use, new homes?

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ITEM NO. 16.

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DIRECTOR PAULSON: Yes, new multi-family projects
or mixed-use projects going forward would not be required to do guest parking.

COMMISSIONER BURNETT: So, this is moving
forward?
DIRECTOR PAULSON: It is moving forward. Will we
see existing developments request maybe additional
development and remove some of that parking? That’s
possible. We haven’t seen that, and we have enough on our plates with the new projects that are currently in the
pipeline.

COMMISSIONER BURNETT: Okay, thank you.

VICE CHAIR THOMAS: Yes, Commissioner Barnett.

COMMISSIONER BARNETT: For Mr. Mullin or Staff, I
understood that the implementation program is to satisfy the requirements of HCD. How were the particular details and formulas established to try to achieve that goal of approval in April?
SEAN MULLIN: Thank you for that question. I’d
ask a clarifying question specific to the changes in the ordinance, in the draft amendments?
COMMISSIONER BARNETT: Yes.

SEAN MULLIN: Like how did Staff determine…

Page 659 ends

ITEM NO. 16.

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COMMISSIONER BARNETT: What the new formulas
would be.

SEAN MULLIN: Removing the guest parking
requirement is pretty binary, it’s pretty straightforward; we needed to remove it.

The reduced parking near transit was a balancing
act, and it’s laid out in your Staff Report, but looking at what’s required in other ordinances. I looked at the ADU Ordinance and the SB 9 Ordinance. The requirements for
reduced parking and density bonus law, and so on, so we looked at these things, we looked at other communities
similar to ours in Santa Clara County and tried to strike a balance between the needs of the community but also being responsive to HCD’s requirement that we reduce parking near transit.

And to the transit point, there are so many
different… It’s an ambiguous term that’s included in the Housing Element, and so that was an evaluation of, again, where is it going to be effective and responsive to HCD’s requirements to reduce parking near transit?
What is in front of you tonight would reduce
parking within a half mile of a transit stops, or bus
stops, for a multi-family development, let me be clear
about that, and that’s a half mile walking distance.

Page 660 ends

ITEM NO. 16.

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DIRECTOR PAULSON: Just to add also, Commissioner
Barnett, for instance, our current requirement is one-anda-half for those types of units, so we could have gone to

1.25 or 1.15, or some other number in between one and oneand-a-half, but that’s not typical across jurisdictions, so I think that was another point, why we kind of landed
there.

COMMISSIONER BARNETT: Thank you for both of
those comments. Very helpful.

VICE CHAIR THOMAS: I have one question about as
you were looking at some of the other jurisdictions,
especially in the Bay Area, are some fully eliminating
parking requirements?
SEAN MULLIN: Thank you for that question. You’ll
see that I can’t remember the jurisdictions offhand, but there are some typically in bigger cities with more dense development. A lot of those programs that remove parking tag onto other strategies as well, so transit, where you see more frequent transit, high-quality transit corridors, it might tie to those sorts of things.

The approach here was to recognize the level of
transit we have in our community, which is pretty lowfrequency, low-headway, and also recognize that we’re only reducing it by a half parking space per unit, and when you

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ITEM NO. 16.

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combine that with the reduction in the guest parking it was about that balance and not over-reducing too far so that there is still some parking required onsite.

With all that said, as Director Paulson
mentioned, there are other strategies through State laws to reduce further, and in some cases ignore the Town’s
requirements.

VICE CHAIR THOMAS: Thank you. I would just like
to make a comment, I think, about this, if we’re ready for some discussion on it.

I recognize that we don’t have a lot of options
for transit, unfortunately, in Los Gatos, but something that VTA has said many times about the light rail, we can’t build the light rail all the way to Los Gatos if we don’t have housing and people living there that would use it, and so I think this is a way that we start to get there with these reducing parking minimums.

We know that we’ve seen many applications, just
in my time on the Planning Commission, where parking can be a limiting factor for some of these developers, however, because we don’t have all of those options with all of this transit, and it’s not really realistic for most people to live without a car that live in Los Gatos and are of
working age and commuting outside of our community.

Page 662 ends

ITEM NO. 16.

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There is still an incentive for parking spots. I
don’t think that we’re at a place where people are just going to want no parking, so I see this as quite a good balance, but I am curious what my other fellow
commissioners think. Commissioner Hanssen.

COMMISSIONER HANSSEN: Since I was on the Housing
Element Advisory Board as the chair, we heard over and over again during the process of developing the Housing Element that parking requirements, as mentioned by our Community Development Director, are an impediment to building new housing. We had testimony from a number of developers that develop here in some of the study sessions that we had, and it goes further than that.

Jurisdictions that have certified housing
elements that opt not to follow through on their programs that facilitate that housing can have their certification removed, so this isn’t a decision that we can opt not to make. I think there are good questions, but this is the direction that the State is going, and whether it applies to the sites that are in the Housing Element or the entire Town, while it could ultimately become burdensome, I think the developers have to be sensible when they’re building housing that it’s going to work for the people that are going to be renting or procuring that housing.

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ITEM NO. 16.

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VICE CHAIR THOMAS: Commissioner Burnett.

COMMISSIONER BURNETT: I have a question for the
Vice Chair. You mentioned that it was a nice balance. Could you expound on that a little bit, what you mean by that? VICE CHAIR THOMAS: I think that before the oneand-a-half down to one, for example, we could be going further than that. I mean, hopefully this is enough for HCD to show that we’re making progress towards removing
parking. As a barrier to build housing we could be going further, but I also understand that right now we live in a space that people need to have cars, because we don’t have the transit available, so that’s what I meant.

But I was also on the Housing Element Advisory
Board and at those study sessions where developer after developer wanted the parking minimums to go away, for all development, not just for housing, for commercial
development, for all these things. To redevelop and
encourage redevelopment along Los Gatos Boulevard it was asked for, so I think that this is something that meets some of those needs of the developers that the Town at some point is having to partner with in order to make progress on our Housing Element goals.

COMMISSIONER BURNETT: Thank you for that. And I
understand for developers and new development coming in,

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ITEM NO. 16.

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when I asked the question whether this is Town wide, I’m concerned about what we have in place now, and the
neighborhoods we have in place now. Are their parking rules going to change? Are their guest parking needs, or are
those going to be taken away, or how is it going to impact what is in our town now versus new development? That’s
where I’m getting confused here.

DIRECTOR PAULSON: I think that’s obviously a
challenge, and as I tried to explain earlier, we don’t know if some of our existing multi-family, for instance, is
going to request I have the density to add three more
units, I’m going to remove X number of parking spaces and add those, and it complies with your new Town Code. We
don’t know whether or not that’s going to be an issue
moving forward and how frequent that may or may not be.

I know there were early discussions of other
potential strategies, because obviously even just the SB 330 applications we currently have, not to mention the
existing multi-family, there is that potential with just the sheer number of units and the amount of parking being provided that there probably could be collateral impacts to other public parking that currently exists that is not
regulated, so that’s a strategy I think that will be

Page 665 ends

ITEM NO. 16.

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evaluated moving forward, but again, there’s nothing really concrete yet.

COMMISSIONER BURNETT: To follow-up, why can’t we
just limit it to what is before us with our site inventory? Then if the need comes for more housing and we have to
rezone areas, then we would make a new amendment to the Zoning Code.

DIRECTOR PAULSON: Because HCD required us to
remove all required guest parking from our Zoning Code.

That’s why we’re doing it. They didn’t say remove it or your sites, because other sites may be redeveloped too.

Again, they’re interested in removing barriers to have as much housing built all over California as possible, and so, again, this is not an uncommon request.

COMMISSIONER BURNETT: Guest parking even in
areas that aren’t going to be part of the Housing Element? DIRECTOR PAULSON: Yes, absolutely. Because
they’re not just interested in housing element sites,
they’re interested in every site.

COMMISSIONER BURNETT: Thank you.

VICE CHAIR THOMAS: Commissioner Barnett.

COMMISSIONER BARNETT: I wanted to bring up that
I had an exchange of emails with Mr. Mullin today because I questioned the definition of “transit stop” in the proposed

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ITEM NO. 16.

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new language, and I know there are a couple of terms you looked at. Help me with the two terms. Major transit stop? SEAN MULLIN: There’s a “high-quality transit
corridor,” and a “major transit stop.” Those are defined terms in State law in different statutes and are used
throughout different State law and in some of our
ordinances, specifically SB 9. The proposal here is for transit stops, so that would be equated to a bus stop in this town. As the area of a high-quality transit… We don’t have any bus stops by definition, so that’s ruled out.

The high-quality transit corridor that we do have
is very limited. It’s out near Good Samaritan, and in that balance again of being responsive to HCD’s requirements to reduce parking near transit versus looking at how the
impacts would be distributed through the Town, the decision was made to pursue bus stops, or in this case called
transit stops, so a half-mile walking (inaudible) transit stops. We’ve only got, I think, three bus lines that serve the Town in different locations, but two of them are just on the edge and one runs through the Town.

COMMISSIONER BARNETT: Okay, thank you. To my
fellow commissioners, I would suggest as part of the motion approving this matter that we make a suggestion for Staff

Page 667 ends

ITEM NO. 16.

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to possibly propose a definition for “transit stop” for consideration by the Town Council. It’s a new term.

VICE CHAIR THOMAS: Okay, thank you. I think that
that’s a good idea; I support that. Is that something that will be easy for Staff to do when it presents to Council? SEAN MULLIN: Yes.

VICE CHAIR THOMAS: Okay, thank you. Any other
questions?
COMMISSIONER BARNETT: I’m sorry; I had two more.

VICE CHAIR THOMAS: Oh, yes, go for it.

COMMISSIONER BARNETT: On page 132, Item 3(c),
there’s just a reference to “downtown” and I thought it might be changed to the “downtown zone,” because Town Code 29-40 and following use that term. That would be a
suggestion for a change to the proposed language.

The last one is—I hope I got this right—the
proposed language refers to parking for theaters, and it says, “One parking space for each 300 square feet of gross floor area,” and my question is what about the Los Gatos Theater?
SEAN MULLIN: Thank you for that question. Item 3
and then below it, Item 4.

Item 3 was in the code until sometime last year,
and it was mistakenly removed through a code update that

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ITEM NO. 16.

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had to do with economic vitality. It was not proposed to be removed, it just got caught by our codifier and
unfortunately got pulled out by the way that the ordinance was written. This isn’t a new requirement for the Town. All we’re doing here is reinstating it in the downtown area, so Item 3 would fall under the downtown area.

Item 4 is moving some language to where it
belongs that was included with the hospital requirement for parking for many years for some reason, so this is just cleanup; there’s no new requirements here.

DIRECTOR PAULSON: Through the Chair, there is a
little nuance with the downtown versus the C-2, for
instance. The downtown is actually from a parking
perspective broader; it actually goes into the C-1. We have a map where it’s actually broader than just the C-2
district, so that’s why it is referenced currently and
proposed to be moving forward as downtown.

COMMISSIONER BARNETT: Okay, so I’ll withdraw the
suggestion of changing that language. But does the Los
Gatos Theater comply in terms of current parking
regulations?
SEAN MULLIN: I don’t have that information in
front of me. It’s also in the Parking Assessment District, which further complicates things, to answer on the fly. But

Page 669 ends

ITEM NO. 16.

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it’s an existing condition, and if it didn’t comply, then it’s existing nonconforming.

COMMISSIONER BARNETT: That makes sense.

VICE CHAIR THOMAS: Thank you for clarifying
about the parking for the downtown area, because we do want that language to be consistent throughout. Are there any other questions? Commissioner Hanssen.

COMMISSIONER HANSSEN: Are we ready to make a
motion, or are there more questions?
VICE CHAIR THOMAS: I just have one more comment.

COMMISSIONER HANSSEN: Go ahead.

VICE CHAIR THOMAS: Thank you. I just want to say
that as someone that was on the Housing Element Advisory Board and worked very hard both on that and on the Planning Commission to get a certified Housing Element passed and adopted in Town, I feel like it’s really important for us to continue to push forward with the implementation
programs that are considered lower hanging fruit.

It does specifically say that with some of these
implementation programs that were adopted with the Housing Element there are going to be some requirements and
language that people might have issues with or question, but it’s already part of the Town’s Housing Element, and so

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ITEM NO. 16.

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we’re going to have to continue forward with them; we can’t go back and undo.

I think the risk of getting it decertified is
something that we really don’t want to do, so focusing on the stuff we have control over, moving forward, and just getting the easier code amendments and updates that don’t cost as much money and time or energy by Staff pushed
forward through Town Council, I think, is going to be
really important moving forward, so I just want to thank everyone that has worked hard on all of this stuff.

Now, are we ready for a motion? Commissioner
Hanssen? I think because we just have that one minor
addition, we can do everything in one. Okay, perfect.

Commissioner Burnett.

COMMISSIONER BURNETT: This is further comment
here. The programs under AA, which is what we’re
discussing, say, “Remove guest parking requirements for all residential and mixed-use projects in all zones,” and as Director Paulson had said, this is an HCD requirement. It would be nice to also include in the Staff Report where you can find that HCD requirement, because in reading the
materials I never came across that specific language that we had to remove.

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ITEM NO. 16.

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DIRECTOR PAULSON: Thank you, Commissioner
Burnett. I think that’s actually the specific language of the implementation program, the four topics that are listed in the Staff Report. I would just look to Mr. Mullin to nod his head and agree with that, but that is the specific
language in the implementation program, and that’s what we’re trying to bring forward with all of these.

I think to the Vice Chair’s point, there are
going to be a number of these topics that folks have had concern with, are going to continue to have concern with, but the reality is that if the Town decides—ultimately most of this stuff will end up with the Council—to adopt an
implementation the HCD doesn’t agree with, worst-case
scenario, as was mentioned by Commissioner Hanssen, we
could be decertified. There are steps in between that where we probably would be allowed to discuss rectifying that, but nevertheless, that is the potential worst-case
scenario. That’s going to be challenging moving forward with a lot of this stuff, and so that is something to keep in mind.

COMMISSIONER BURNETT: Okay, thank you for that.

VICE CHAIR THOMAS: Commissioner Hanssen.

COMMISSIONER HANSSEN: I’d like to make a motion
that we forward a recommendation to the Town Council to

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ITEM NO. 16.

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move forward on parts of Implementation Program AA,
including reducing parking requirements near transit and removing guest parking requirements for all residential and mixed-use projects in all zones, as well as some additional cleaning up items in our general Parking Code, and those are the items that we can forward on for recommendation at this time.

VICE CHAIR THOMAS: Is there a second? Director
Paulson?
DIRECTOR PAULSON: Just for the record, that’s in
accordance with the findings as illustrated in the Staff Report, and the code amendments in Exhibit 2, just for
extra clarification.

COMMISSIONER HANSSEN: Yes, and that there is no
impact per CEQA.

VICE CHAIR THOMAS: Can I get a second?
Commissioner Barnett.

COMMISSIONER BARNETT: Yes, second the motion.

VICE CHAIR THOMAS: Thank you. Any discussion?
SEAN MULLIN: Through the Vice Chair. There was
some consensus about the definition, but that was not
included in the motion, just for clarification.

COMMISSIONER HANSSEN: I would be happy to amend
the motion to say that we should have a clear definition of

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ITEM NO. 16.

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a “transit stop” incorporated as we forward this along and put it in our code.

COMMISSIONER BARNETT: Seconder agrees.

VICE CHAIR THOMAS: Any discussion? Seeing none,
by a show of hands, all those in favor of the motion,
please raise your hand. And the motion passes 3-1 with
Commissioner Burnett dissenting.

Appeal rights, again, because this is a
recommendation.

SEAN MULLIN: That’s correct, this is a
recommendation to the Council, so it’s not subject to
appeal.

VICE CHAIR THOMAS: Okay, thank you.
(END)

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ITEM NO. 16.

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ITEM NO. 16.

HCD Draft Revised 2023-2031 Housing Element
10-54 HCD Draft Revised 2023-2031 Housing Element May 2024 Programs
 Make referrals to non-profit service
providers with rental assistance or
rental voucher programs such as
West Valley Community Services and
the Housing Authority of Santa Clara
County.

Y Supportive Services for the Homeless
Continue to support community and
nonprofit organizations that provide
supportive services for homeless persons
in Los Gatos in part by continuing to fund
the Town's annual grant and
disseminating opportunities for other
agency funding to West Valley
Community Services (WVCS), in order to
support its Comprehensive Emergency
Assistance Program (CEAP).

Continue to work with and fund local
nonprofits, and to collaborate with local
homeless service providers to provide
information on homeless needs in the
Town.

Implementation
HE-2.3 Mixed-Use Development
HE-2.8 Equal Housing and Special Needs
Responsible Department/Review Authority
Town Manager
Timeframe
Ongoing and annual effort
Funding Source
Town of Los Gatos
Quantified Objective
Continue the Town’s support to provide funds to
WVCS for homeless persons services
Performance Metric(s)
The number of Town residents assisted through
WVCS
Z Stabilize Rents
Study and implement recommendations
with regard to the Town’s Rental Dispute
Mediation and Arbitration Ordinance 2128
to help further stabilize rents for long-term
residents.

Implementation
HE-2.3 Mixed-Use Development
HE-2.4 Rental Housing
HE-6.6 Rental Dispute Mediation and Arbitration
Ordinance
Responsible Department/Review Authority
Community Development Department
Timeframe
Complete study by January 2025 and implement
Municipal Code changes by June 2025
Funding Source
Below Market Price Housing In-lieu Fees
Quantified Objective
Implement improvement opportunities for the
Rental Dispute Mediation and Arbitration Ordinance
Performance Metric(s)
Measure the number of disputes resolved versus
unresolved
AA Reduce Parking Standards
Initiate a study and outreach, including
developers to make specific updates that
Implementation
HE-2.7 Senior Housing
HE-2.8 Equal Housing and Special Needs
HE-3.1 Regulatory Incentives for Affordable
Housing
ATTACHMENT 3

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ITEM NO. 16.

10. Housing Element
May 2024 HCD Draft Revised 2023-2031 Housing Element 10-55 Programs
would result amendments to the Municipal
Code, as follows :
 Align parking requirements with the
preparation of Objective Design
Standards.
 Reduce parking requirements near
transit.
 Remove guest parking requirements
for all residential and mixed-use
projects in all zones.
 Allow parking to be unbundled from
residential units.

Responsible Department/Review Authority
Community Development Department
Timeframe
Complete study by January 2025 and implement
Town Code changes by June 2025
Funding Source
None required
Quantified Objective
Zoning Code amendment to reduce parking
standards
Performance Metric(s)
Zoning Code amendment
AB Allow for 100 Percent Affordable
Residential Development in Mixed-Use
General Plan Designations
Amend the General Plan and the
Municipal Code to allow for 100 percent
affordable residential development
without the requirement of commercial
uses.

Implementation
HE-3.1 Regulatory Incentives for Affordable
Housing
Responsible Department/Review Authority
Community Development Department
Timeframe
Implement General Plan and Municipal Code
changes by June 2024
Funding Source
None required
Quantified Objective
Amend the General Plan and Zoning Code to allow
for 100 percent affordable housing development in
Mixed-Use General Plan designations
Performance Metric(s)
Measure the number of mixed-use units entitled
annually
AC SB 35 Process Improvements
Develop an SB 35 checklist and written
procedures for processing SB 35
applications to ensure efficient and
complete application processing.

Implementation
HE-3.3 Efficient Development Processing
HE-3.1 Regulatory Incentives for Affordable
Housing
Responsible Department/Review Authority
Community Development Department
Timeframe
Implement by December 2023
Funding Source
Staff Time
Quantified Objective

Page 677 ends

ITEM NO. 16.

ATTACHMENT 4
Sec. 29.10.150. Number of off-street spaces required.
(a) Intent. The regulations contained in this section are intended to ensure the provision of a sufficient number of off-street parking spaces privately and publicly owned and operated to satisfy needs generated by permissible uses.
(b) Parking requirements for downtown. In addition to other parking requirements, one (1) visitor parking space for each residential unit other than detached single-family or two-family dwelling shall be required unless the Planning Commission makes a finding that more or less visitor parking is necessary due to the size or type of housing unit(s). The parking requirement for various uses in the downtown are as follows:
(1) Retail and commercial stores, shops, personal service businesses, specialty food retail, restaurants, bars, nightclubs, and tap/tasting rooms. One (1) parking space for each three hundred (300) square feet of gross floor area.
(2) Business and professional offices, retail banks, financial and investment services, insurance companies, social service agencies, and studios. One (1) parking space for each two hundred fifty (250) square feet of gross floor area.
(3) Theaters. One (1) parking space for each three hundred (300) square feet of gross floor area. (4) For uses not specifically listed in this subsection the requirements shall be as set forth in subsection (c). (c) Outside downtown parking requirements. The number of off-street parking spaces required for areas outside the downtown is set in this subsection. When a use is not listed in this subsection, the Planning Director shall determine the parking requirements by analogy to the requirements for the listed uses. In addition to other parking requirements, one (1) visitor parking space for each residential unit other than a detached singlefamily or two-family dwelling shall be required, unless the Planning Commission makes a finding that more or less visitor parking is necessary due to the size or type of housing unit(s). (1) Single-family, residential condominiums and two-family dwellings. Two (2) parking spaces for each living unit.
(2) Reserved.
(3) Multiple-unit dwellings in all zones and two-family dwellings in the R-1D zone. One and one-half (1½) times the number of living units in such dwellings., except multiple-unit dwellings and mixed-use developments that include a multiple-unit dwelling component that are located within one-half (½) mile walking distance of public transportation shall provide one (1) parking space per dwelling unit. For the purposes of this subsection, public transportation means a high-quality transit corridor, as defined in subdivision (b) of Public Resources Code Section 21155, or a major transit stop, as defined in Public Resources Code Section 21064.3.
(4) Hotels, motels and auto courts. One (1) parking space for each guest room or suite, plus one (1) parking space for each employee.
(5) Lodginghouses, boardinghouses. One (1) parking space for each two (2) beds in such building, plus one (1) parking space for each employee.
(6) Hospitals. One and one-half (1½) parking spaces for each bed. For uses not specifically listed in this subsection the requirements shall be as set forth in subsection 29.10.150(c). …

Page 678 ends

ITEM NO. 16.

Page 1 of 3 ends

Draft Ordinance Adoption Date

DRAFT ORDINANCE

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING CHAPTER 29, “ZONING REGULATIONS,” OF THE TOWN CODE

REGARDING PARKING STANDARDS, PURSUANT TO
IMPLEMENTATION PROGRAM AA OF THE 2023-2031 HOUSING ELEMENT WHEREAS, the 2023-2031 Housing Element, which was adopted on June 4, 2024, and subsequently found in compliance with housing element law on July 10, 2024, by the California Department of Housing and Community Development, provides that the Town will amend Chapter 29 (Zoning Regulations) of the Town Code regarding parking standards; WHEREAS, on December 10, 2024, the Planning Commission reviewed the proposed amendments to Chapter 29 (Zoning Regulations) of the Town Code, found that the proposed amendments are consistent with the goals and policies of the Town’s General Plan, and recommended adoption of the proposed amendments by the Town Council; WHEREAS, the amendments are consistent with the General Plan and its Elements; and WHEREAS, the amendments are consistent with Chapter 29, “Zoning Regulations” of the Town Code.

NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as follows:

SECTION I. Incorporation of Recitals.

The Town Council finds that the above Recitals are true and correct and are incorporated herein by reference.

SECTION II. Subsection (b) of Section 29.10.150, “Number of off-street spaces required,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:
(b) Parking requirements for downtown. The parking requirements for various uses in the downtown are as follows:
(1) Retail and commercial stores, shops, personal service businesses, specialty food retail, restaurants, bars, nightclubs, and tap/tasting rooms. One (1) parking space for each three hundred (300) square feet of gross floor area.
(2) Business and professional offices, retail banks, financial and investment services, insurance companies, social service agencies, and studios. One (1) parking space for each two hundred fifty (250) square feet of gross floor area. (3) Theaters. One (1) parking space for each three hundred (300) square feet of gross floor area.
(4) For uses not specifically listed in this subsection the requirements shall be as set forth in subsection (c).

ATTACHMENT 5

Page 679 ends

ITEM NO. 16.

Page 2 of 3 ends

Draft Ordinance Adoption Date
SECTION III. Subsection (c) of Section 29.10.150, “Outside downtown parking requirements,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:
(c) Outside downtown parking requirements. The number of off-street parking spaces required for areas outside the downtown is set in this subsection. When a use is not listed in this subsection, the Planning Director shall determine the parking requirements by analogy to the requirements for the listed uses.

SECTION IV. Subsection (c)(3) of Section 29.10.150, “Outside downtown parking requirements,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:
(3) Multiple-unit dwellings in all zones and two-family dwellings in the R-1D zone. One and onehalf (1½) times the number of living units in such dwellings, except multiple-unit dwellings and mixed-use developments that include a multiple-unit dwelling component that are located within one-half (½) mile walking distance of public transportation shall provide one (1) parking space per dwelling unit. For the purposes of this subsection, public transportation means a high-quality transit corridor, as defined in subdivision (b) of Public Resources Code Section 21155, or a major transit stop, as defined in Public Resources Code Section 21064.3.

SECTION V. Subsection (c)(6) of Section 29.10.150, “Outside downtown parking requirements,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:
(6) Hospitals. One and one-half (1½) parking spaces for each bed.

SECTION VI. Severability.

In the event that a court of competent jurisdiction holds any Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance unconstitutional, preempted, or otherwise invalid, the invalid portion shall be severed from this Ordinance and shall not affect the validity of the remaining portions of this Ordinance. The Town hereby declares that it would have adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences, clauses, or phrases in this Ordinance might be declared unconstitutional, preempted, or otherwise invalid.

SECTION VII. California Environmental Quality Act (CEQA).

Page 680 ends

ITEM NO. 16.

Page 3 of 3 ends

Draft Ordinance Adoption Date
SECTION VIII. Publication.

SECTION IX. Effective Date.

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:
_______________________________

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
ATTEST:
___________________________________

TOWN CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA

Page 681 ends

ITEM NO. 16.

PREPARED BY: Jamie Field
Chief of Police
Reviewed by: Town Manager, Assistant Town Manager, and Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 01/21/2025
ITEM NO: 17
DATE: January 8, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Receive the Information Provided in the Police Services Report: July – December 2024
RECOMMENDATION:

Staff recommends that the Town Council review and acknowledge this bi-annual report, highlighting the significant accomplishments and ongoing efforts of the Los Gatos-Monte Sereno Police Department (LGMSPD) during the reporting period. This report further outlines future priorities and fiscal needs to ensure continued excellence in public safety services.

BACKGROUND:

The LGMSPD serves the Town of Los Gatos and the City of Monte Sereno, providing tailored law enforcement services to meet the unique needs of each community. With a focus on community-oriented policing, the department continues to adapt to evolving needs while maintaining high standards of service. This report outlines the department’s achievements, enhanced services, fiscal savings, and future priorities for 2025. The reporting period for this biannual report is July to December 2024 and presents the following:
 Department Staffing Update
 Fiscal Savings Initiatives in 2024
 Enhanced Policing Services
 Calls for Service and Officer Activity
 Emergency Preparedness Efforts
 2025 Future Priorities and Themes
 Flock Cameras and Private Ownership, Privacy, and Access Review

Page 682 ends

ITEM NO. 17.

PAGE 2 OF 11
SUBJECT: Receive the Information Provided in the Police Services Report: July – Dec. 2024 DATE: January 8, 2025
DISCUSSION:

DEPARTMENT STAFFING UPDATE
The LGMSPD continues to focus on recruitment as a priority for both sworn and professional staff. In this reportable period of July – December 2024 we have seen the following movement in our staffing model:
 Two sergeants retired.
 Hired one lateral officer (currently in Field Training)  Hired two Police Academy Cadets – one in the Academy and one in Field Training  Promoted an internal Sergeant and a Corporal
 Hired a Dispatcher – Dispatch is currently fully staffed for the first time in over five years, with the eighth dispatcher currently in training.

Throughout the upcoming year we expect quite a few additional retirements in both ranking sworn positions and key positions within professional staff. Due to the importance of transferring institutional knowledge, status of current projects and outlook on future priorities, significant succession and transition planning is expected. This will entail the importance of hiring ahead to allow for adequate overlap with some of the soon to be retirees that have been with LGMSPD for 20 years or more.

Additionally, promotional opportunities are upcoming with a testing process expected in March for Corporal and Sergeant positions. The rank of sergeant will be opened for eligible outside lateral candidates to apply if they have ascended to the rank of Corporal or higher. Recruitment for a Captain will then follow to backfill a vacancy at the end of 2025 due to retirement.

The LGMSPD has open positions for Community Service Officer Interns, and currently has one intermittently due to their college schedule. LGMSPD has utilized Reserves heavily in recent years, especially for special events, dignitary visits and staffing shortages. Two Reserves recently submitted their interest in retiring their role after having committed 25 years of service to the LGMSPD. In the last six months, Reserves have worked 716 hours, CSO’s 735 hours, and Per Diem Dispatchers 597 hours.

In 2024, the LGMSPD hired more sworn officers in one year than in any other calendar year for the history of the Department. The rate of sworn hiring in 2024 was the equivalent of more than 25% of the budgeted allowed.

Budgeted
Sworn
Current
Sworn
Off due to
injury
Light /
Modified
Duty
Field
Training
Total Active
and available
39 32 2 1 2 27

Page 683 ends

ITEM NO. 17.

PAGE 3 OF 11
SUBJECT: Receive the Information Provided in the Police Services Report: July – Dec. 2024 DATE: January 8, 2025
The chart below compares overtime hours for two years between July – December. There was less overtime in Dispatch during this reportable period in comparison to 2023. Dispatch overtime was due to required training and protected leave backfill. Sworn overtime was significantly more as the time needed to train an officer before they are a single resource is significant and other factors. Overtime is primarily due to coverage needed for special events (Ex. Halloween, Taste of Los Gatos, Los Gatos in Lights, and Children’s Holiday Parade), Training (mostly mandated requirements), and staffing shortages.

Title 7/01/23 –
12/31/23
7/01/24 –
12/31/24
Difference in FY
Communications 1,364 hours 1,179 hours -185 hours
Sworn Staff 3,432 hours 4,335 hours 905 hours
FISCAL SAVINGS INITIATIVES IN 2024
New Dispatch and Patrol Shifts: A comprehensive analysis of shift patterns led to the implementation of revised scheduling in August, reducing overtime costs while ensuring adequate coverage during peak hours. This initiative resulted in an anticipated reduction in overtime expenditures when staffing improves.

Efficiencies through Technology:

Electronic Citations (eCite): Streamlined citation issuance processes, reducing officer time spent on paperwork, increased accuracy and legibility, reduction in administrative support and entry needs.

E-Filing with the District Attorney’s Office: Automated submission of reports cut down on administrative delays, increasing case processing efficiency, and reduction of LGMSPD administrative staff having to commute to the DA’s Office.

Increased Fiscal Support: The Los Gatos-Monte Sereno Police Foundation contributed significant fiscal and volunteer support to fund community programs (National Night Out), officer training (EOD and Tracking), and new policing tools or equipment upgrades (K-9 and drone).

ENHANCED POLICING SERVICES
By allocating resources strategically, LGMSPD can address critical priorities while maintaining its high standards of community-focused policing. Maintaining a localized police department may involve higher initial costs compared to larger regionalized options. However, the long-term benefits of tailored services, community trust and identity, and economic impact justify the investment. Localized departments often prevent higher indirect costs associated with slower response times and reduced community engagement.

Page 684 ends

ITEM NO. 17.

PAGE 4 OF 11
SUBJECT: Receive the Information Provided in the Police Services Report: July – Dec. 2024 DATE: January 8, 2025
Localized police departments, like LGMSPD, provide dedicated and consistent services that a larger regional model may differ on. Benefits include:
 Direct accountability to local leadership and residents, ensuring alignment with community priorities.
 Faster and more tailored responses to emergencies, enhancing public safety.  Sustained community partnerships that foster trust and collaboration (Ex. National Night Out, Police Foundation, Community Police Academy).
 The ability to adapt policies, training, and initiatives specifically to the unique needs of Los Gatos and Monte Sereno (Ex. CCW Policy and Ordinances)
The LGMSPD exemplifies the value of localized and accessible policing through a high-touch approach, ensuring community trust and maintaining the unique identity of both the Town of Los Gatos and City of Monte Sereno through the following efforts:

Personalized Dispatch Center:

Localized communications ensure faster response times, familiarity with community norms and culture and a strong connection with the community (Ex. Operation Care).

Community Policing Model:

Focused engagement through programs like the Explorer Program, Community Police Academy, Volunteer in Policing (VIP), strong partnerships with stakeholders like the Jewish Community Center (JCC), and proactive neighborhood outreach. The new model of National Night Out (NNO) at the Town Plaza was extremely well attended along with the LGMSPD Police Recognition Luncheon at the JCC that had over 130 people in attendance. Both engagements were made possible through the support of the Los Gatos-Monte Sereno Police Foundation and other community partnerships.

Officers build lasting relationships with residents, fostering mutual understanding and respect.

The LGMSPD specifically demonstrates localized and accessible policing through:

Faith-Based Organizations: Partnerships foster trust and address social issues through programs like faith-led outreach and support for vulnerable populations.

Local Schools: The new School Resource Officer (SRO) has continued to enhance campus safety by conducting safety drills, bike rodeos, conflict resolution workshops, and mentorship

Page 685 ends

ITEM NO. 17.

PAGE 5 OF 11
SUBJECT: Receive the Information Provided in the Police Services Report: July – Dec. 2024 DATE: January 8, 2025
initiatives. The School Resource Officer and SWAT Sergeant attended FEMA and POST certified Active Shooter Train-the-Trainer courses. They subsequently provided this critical training to all sworn staff, with scenario training conducted after hours at the Jewish Community Center.

Additionally, the School Resource Officer and patrol officers participated in multiple Bike Rodeos in collaboration with Safe Routes to School. The School Resource Officer also addressed a significant number of concerns and threats on school campuses, reflecting a statewide increase in such trends during this school year.

Los Gatos-Monte Sereno Police Foundation: Support from the Foundation has enabled the department to fund critical training programs and acquire advanced equipment. Financial and logistical support from the Police Foundation enables the department to fund special programs, training, and community outreach initiatives.

Special Event Support: Comprehensive logistical and tactical support for community events to assure adequate safety and security measures for events throughout the year to include; Halloween road closures and increased patrol staffing, Childrens Holiday Parade, Los Gatos in Lights, Free Speech events and marches, Taste of Los Gatos full North Santa Cruz Road closure and more.

CERT (Community Emergency Response Team) and DART (Disaster Aid Response Team): These teams provided support during multiple special events this year, provide awareness and are ambassadors to being a resilient community through their engagement in the Community Police Academy, bi-monthly emergency preparedness meetings, and other opportunities.

Additionally, two DART (Disaster Aid Response Team) members were sworn in during this reporting period.

Welcome Packets: Volunteers in Policing (VIPs) stuff and deliver bags containing materials such as Chamber of Commerce information, local resources, emergency preparedness guides, details on LGMSPD services, and a welcome letter from the Chief.

Vacation Checks and Operations Care: proactive policing community services offered to help ensure the safety of residents’ homes while they are away on vacation or daily checks on aging community members.

CALLS FOR SERVICE AND OFFICER ACTIVITY
The LGMSPD strives to meet response times and provide an uncompromising high level of service to the community. The following table depicts a comparison of the Communications Division call volume, both inbound and outbound, immediacy to which they are answered, and number of 911 calls over the last two years between the months of July to December.

Page 686 ends

ITEM NO. 17.

PAGE 6 OF 11
SUBJECT: Receive the Information Provided in the Police Services Report: July – Dec. 2024 DATE: January 8, 2025
The industry standard for a Public Safety Answering Point (PSAP) agency is a target for 911 calls to be answered within less than ten seconds 95% of the time. Outbound calls can be a result of transferring callers to other points of contact within Town Departments, contacting or following up with community members, or conducting other inter-agency duties.

July –
December
Inbound 911
calls
% of 911 calls
answered < 10
seconds
Incoming Nonemergency callsNon-emergency
Outbound calls
2023 4,709 96.6% 15,967 7,726
2024 5,168 95.9% 14,443 6,398
Officers’ response to priority calls for service continue to be comparable to prior years, and close to priority goals. These metrics can be found in the Fiscal Year Adopted Operating Budget in the performance measures section of the Police Department chapter and will have prior years for comparison too.

Priority 1 refers to immediate emergency with threat to life or a public safety hazard, Priority 2 is an urgent emergency that requires an immediate response, and a Priority 3 incident is a nonemergency. The LGMSPD has set response time goals of 5:00 minutes for Priority 1 calls and had an average of 5:02 over the past six months. Priority 2 call response goal is 10:00 minutes and was 6:52 during this reportable period. Priority 3 calls are 15:00 minutes and were 7:01 minute average between July – December 2024. Additionally, there is a comparison bar chart in Attachment 1 with the above data comparisons and contains the slide deck materials for this item.

EMERGENCY PREPAREDNESS EFFORTS
CERT (Community Emergency Response Team) and DART (Disaster Aid Response Team) Programs: Welcomed new trained volunteers in disaster response, which increases the community’s readiness for emergencies. Two additional Neighborhood Incident Command Posts (NICP’s) were opened and the first of future bi-monthly emergency preparedness meetings occurred in November in the EOC in collaboration between CERT volunteers and the Police Department.

Advanced Officer Training: All officers completed FEMA and POST certified active shooter training provided by our own internal trainers which aligned with the updated 2024 Santa Clara County protocol. Officer also re-certified on CPR / First Aid, Firearms, and review of policy and laws applicable to de-escalation and use of force.

Community Outreach and Drills: Public education campaigns reached the public through service club meetings, multiple Neighborhood Watch meetings, interfaith collaboration, social media,

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ITEM NO. 17.

PAGE 7 OF 11
SUBJECT: Receive the Information Provided in the Police Services Report: July – Dec. 2024 DATE: January 8, 2025
and other mechanisms. LGMSPD is currently promoting and accepting application for the Spring 2025 LGMSPD Community Police Academy and focusing efforts on recruitment for Police Explorers ages 14-20.

These partnerships and preparedness efforts amplify LGMSPD’s ability to deliver communityoriented services, fostering trust and collaboration while addressing the unique needs of Los Gatos and Monte Sereno.
2025 FUTURE PRIORITIES AND THEMES
Staff Transitions and Succession Planning: Implement hire ahead efforts throughout 2025 as part of a successful transition and succession plan to address upcoming retirements, ensuring adequate knowledge transfer. Additional focus on training new personnel, including new supervisors and professional staff.

The organizational assessment suggested staffing enhancements to better support workload and bandwidth. A full understanding to the timeframe for requests of added FTE’s will be forthcoming following the space assessment information on the feasibility of infrastructure and staffing consolidation. The assessment recommended adding a total of four FTE’s to include a Police Lieutenant, a Support Services Manager, a Records Specialist, an Administrative Technician, and a dispatcher to address service demands and oversight.

Meliora Recommendations: Meliora Public Safety Consulting (PSC) is a professional consulting firm specializing in comprehensive organizational assessments, strategic planning, and operational evaluations for law enforcement agencies. Their approach focuses on identifying efficiencies, aligning operations with industry best practices, and fostering innovation to meet evolving community needs. Meliora was commissioned in January 2024 in a contemporary effort to outline operational priorities, fiscal needs, and continue the progressive development of the LGMSPD. The LGMSPD staff continue to work on the prioritized recommendations to enhance efficiency, infrastructure, and training.

Training and Professional Development: Training and professional development are critical for police department staff as they directly impact the effectiveness, safety, and professionalism of law enforcement agencies to include encouraging career growth, improved decision-making, promotes officer-safety and enhances operational effectiveness throughout the organization.

Areas of focus in 2025 includes:
 Advanced Officer Training (AOT) Taser 10 training for all officers, providing enhanced capabilities such as extended range, improved precision, and increased battery life, which ensure safer outcomes in critical incidents.
 "Building a Culture of Accountability" session at end of January 2025 for Sergeants, Leads, and Command Staff to promote leadership and operational excellence. This is partially

Page 688 ends

ITEM NO. 17.

PAGE 8 OF 11
SUBJECT: Receive the Information Provided in the Police Services Report: July – Dec. 2024 DATE: January 8, 2025
sponsored by the Los Gatos-Monte Sereno Police Foundation with the other half from the LGMSPD budget.
 Advanced certification programs for sworn and professional staff to enhance tactical, investigative, and administrative support skills.
 Continuous education on updated law enforcement policies and state-mandated requirements, such as, CCW requirements, PRA’s, accountability measures, and new legislative updates.
 Ongoing emergency response training aligned with POST and FEMA guidelines to enhance preparedness for critical incidents in addition to continued emphasis on redeveloping the Police Departments SWAT team.
 Over half of the Police Department consists of staff either new to the profession or to the department within the last three years, emphasizing the importance of robust core policing training for sworn and professional staff (Ex. Radar/Lidar Certification, Interview and Interrogation, and DUI training).
 Training for newly promoted supervisors focuses on critical areas such as risk management, leadership, supervision, and management, equipping them to effectively handle complex operational and personnel issues.
 As training requirements, travel needs, and unfunded mandates continue to grow, the training budget must be adjusted to reflect these increases. Sustaining a high standard of training is essential to reduced liability and increased risk management, maintaining operational effectiveness, and ensuring compliance with evolving state and federal mandates.

Technology Enhancements: Implementation of software for tracking personnel certifications and equipment inventory, replace and update patrol car computers, implement an automated subpoena delivery and tracking process and identify and automated software to manage false alarm billing and processing.

The Meliora Organizational Assessment recommended throughout the report a software specific to policing services that will provide a robust platform for managing law enforcement training, equipment, and certifications, ensuring compliance with state and federal requirements. Capabilities would include automated scheduling of training sessions, tracking officer performance, and maintaining detailed records of certifications and renewals. This would enhance operational efficiency by reducing administrative burdens, improve transparency in personnel management, and have an auditing function.

Page 689 ends

ITEM NO. 17.

PAGE 9 OF 11
SUBJECT: Receive the Information Provided in the Police Services Report: July – Dec. 2024 DATE: January 8, 2025
Additionally, the assessment recommended an improved false alarm billing and tracking system to enhance efficiency and compliance as the Community Outreach Coordinator currently manages this task in conjunction with Dispatch and after handling billing and receipt of payment, then delivers the checks to the Finance Department.

Another item that was highly recommended was enhanced fiscal software to better manage agreements, timecards, and other fiscal analyst matters, promoting operational efficiencies.

This will be a Town wide system update and dependent on the implementation timeline already underway through Tyler Munis.

Infrastructure Improvements: Conduct a comprehensive assessment of existing facilities to plan for security upgrades and improved evidence storage.
 Recommendations are aligned with best practices as defined by the California Association of Property and Evidence (CAPE) and the International Association for Property and Evidence (IAPE).
 Space assessment and upgrades to security and evidence storage facilities.

Space Assessment Priority: Meliora proposed 130 recommendations in their report. The space assessment is identified as a significant priority for the Town to fiscally plan for any actions recommended by the report. Parks and Public Works estimates the delayed space assessment to be underway by the end of March 2025, with completion estimated to take nine to twelve months.

Staff recommends selecting a vendor with extensive experience, references, and expertise in Police Department development, retrofitting, and sustainable energy-efficient police buildings that meet CAPE and IACP best practices and recommendations. The requested outcome of the space assessment study includes the development of a functional report, conceptual drawings, and cost estimates compiled into a comprehensive report for delivery to Council. Currently there is $75,000 designated in a CIP to go towards a space assessment.

FLOCK CAMERAS AND PRIVATE OWNERSHIP
The Flock camera program provides significant safety benefits to Los Gatos by leveraging technology to combat crime while maintaining a strong commitment to privacy and data protection. Its collaborative funding model ensures widespread implementation, while stringent data handling policies balance safety with the community’s privacy expectations.

Benefits
 Enhanced Public Safety: Flock cameras were instrumental in solving and preventing multiple crimes this year, follow up on missing persons, and other policing matters.

Page 690 ends

ITEM NO. 17.

PAGE 10 OF 11
SUBJECT: Receive the Information Provided in the Police Services Report: July – Dec. 2024 DATE: January 8, 2025
 Community Collaboration: 12 privately owned Flock cameras now supplement the Town’s program, expanding coverage to high-traffic areas. More privately owned cameras are expected in 2025 with the appropriate permitting if determined to be on Town property.

Seven privately owned cameras are in the Town right of way and a standardized process is under evaluation by Parks and Public Works, the Town Attorney, and LGMSPD for encroachment permit and assuring captured data is shared with LGMSPD.  Efficient Resource Allocation: swift alerting of a noted license plate number for awareness to police department staff and a response if appropriate. This includes stolen vehicles or license plates, Amber Alerts, Wanted Persons or persons under investigation.  Accountability: Auditing ability of camera usage ensures compliance with strict access policies. Only authorized law enforcement personnel can access Flock data, and such access is logged and monitored to ensure compliance with policies.  Data Retention: The 30-day cloud retention policy balances investigatory needs with privacy protections. A download of all captured images within designated timeframes is not feasible, nor is within policy to conduct.
 No Personally Identifiable Information (PII): Flock cameras capture vehicle and license plate information, not personal details about individuals.

FLOCK PRIVACY AND ACCESS REVIEW
 PRA Exemption for Town-Owned Cameras: Data captured by the 17 Town-owned Flock cameras is exempt from the Public Records Act (PRA). This ensures that sensitive information, such as license plate data, remains protected and is not disclosed publicly.

Access is restricted to authorized law enforcement personnel who use the data strictly for investigative purposes. Flock information does not fall under the Town’s retention schedule as it is not owned by the Town.
 Privately Owned Flock Cameras: Data captured by the 12 privately owned Flock cameras operates under the same strict guidelines as the Town-owned cameras. This includes PRA exemption, restricted access to authorized personnel, and compliance with strict data retention policies. Privately owned cameras contribute to public safety without compromising the privacy of individuals, as data is used solely for legitimate law enforcement investigations.
 Cloud-Based Storage and Retention: All Flock camera data, whether from Town-owned or privately owned systems, is stored in a secure cloud environment for a maximum of 30 days. After this period, data is automatically deleted unless flagged for an active investigation.
 Oversight: Logs of all access to Flock data are maintained to promote accountability and transparency.
 Policy and Transparency: The Police Department’s internal Lexipol Policy outlines the governance and civil codes related to Automated License Plate Readers (ALPRs), including data retention, search parameters, and auditing protocols. By law, this policy must be posted separately on the Police Department’s website. To enhance transparency further,

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ITEM NO. 17.

PAGE 11 OF 11
SUBJECT: Receive the Information Provided in the Police Services Report: July – Dec. 2024 DATE: January 8, 2025
the Police Department has embedded the Flock Transparency Portal directly into the LGMSPD website, allowing residents to access information about the program.

FISCAL IMPACT:

To address the department’s strategic priorities and recommendations from the Meliora assessment, the following areas of budgetary support are anticipated with exact projections either still being determined or the Department will absorb:
 Staffing and Succession Planning (TBD)
 Training and Professional Development (FY 24/25 absorbed with adjustment request anticipated for FY 25/26)
 Infrastructure Improvements (TBD based on space assessment and security upgrade needs)  Technology Enhancements (SLESF funds expected to cover)  Community Engagement and Specialized Programs (Meliora report recommended adding specific budget line items for Drone Program and Community Engagement and Volunteer Programs as they are primarily currently supported by the Police Foundation) CONCLUSION:

The LGMSPD demonstrates a strong commitment to public safety, operational efficiency, and community engagement. By focusing on localized and community-oriented services, the department addresses unique challenges while fostering trust and collaboration. Continued investment in staffing, technology, and infrastructure is vital to sustaining these efforts and preparing for future challenges effectively.

ENVIRONMENTAL ASSESSMENT:

This is not a project defined under CEQA, and no further action is required.

Attachment:

1. PowerPoint Presentation

Page 692 ends

ITEM NO. 17.

LOS GATOS

POLICE SERVICES
REPORT
JULY-DECEMBER 2024
ATTACHMENT 1

Page 693 ends

ITEM NO. 17.

Police Officers Police Officer Recruits
THE DEPARTMENT Staff Update
Dispatcher
Sergeant Corporal

Page 694 ends

ITEM NO. 17.

Efficiencies and Improvements
New
Dispatch &
Patrol Shifts
Electronic
Citations
E-Filing with
DA
Increase fiscal
supportLGMSPF

Page 695 ends

ITEM NO. 17.

Page 696 ends

ITEM NO. 17.

Calls For Service
2:24
0:00
4:48
7:12
12:00
9:36
16:48
14:24
PRIORITY 1 CALLS
4,784
17%
16,115
56%
7,839
27%

COMMUNICATIONS

CALL CENTER METRICS
July - December
2023
911 Calls (96.6% Calls Answered < 10 Sec)
Incoming Non Emergency Calls
Outbound Calls
5,168
20%
14,443
55%
6,398
25%

COMMUNICATIONS

CALL CENTER METRICS
July - December
2024
911 Calls (95.90% Calls Answered < 10 Sec)
Incoming Non Emergency Calls
Outbound Calls
4:20
7:09 7:05
5:02
6:52 7:01
5:00
10:00
15:00
0:00
2:24
4:48
7:12
9:36
12:00
14:24
16:48
PRIORITY 1 CALLS PRIORITY 2 CALLS PRIORITY 3 CALLS

RESPONSE TIMES BY PRIORITY
July – December
2023 - 2024
2023 2024 GOAL

Page 697 ends

ITEM NO. 17.

Traffic Enforcement & Case Reports
2015
2334
946
742
0 500
1000
1500
2000
2500
Jul - Dec 2023 Jul - Dec 2024

TRAFFIC STOPS & CITATIONS
ISSUED
July - December
2023 - 2024
Traffic Stops Citations Issued
1110 1066
608
393
0 200
400
600
800
1000
1200
Jul - Dec 2023 Jul - Dec 2024

DOCUMENTED REPORTS
Original/Supplemental
July - December
2023 - 2024
Orignal Reports Supplemental Reports

Page 698 ends

ITEM NO. 17.

Active Shooter
Training, Debrief, &
Partnership

EMERGENCY PREPAREDNESS EFFORTS
Community Police
Academy

Page 699 ends

ITEM NO. 17.

Priorities & Themes

TRAINING &

PROFESSIONAL

DEVELOPMENT

TECHNOLOGY

ENHANCEMENTS
K9 EXPLOSIVE &

TRACKING

MELIORA ASSESSMENT

IMPLEMENTATIONS SUCCESSION PLANNING

CAPTAIN, SERGEANT,

CORPORAL

PROMOTIONS

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ITEM NO. 17.

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ITEM NO. 17.

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ITEM NO. 17.

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ITEM NO. 17.

PREPARED BY: Katy Nomura
Assistant Town Manager
Reviewed by: Town Manager, Town Attorney, 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: 01/21/2025
ITEM NO: 18
DATE: January 13, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Discussion, Consideration, and Approval to Add a Full-Time Emergency Manager (Classification: Division Manager) Position to the FY 2024-25 Budget and Approve an Expenditure Budget Adjustment of $1,000,000 for Emergency Management Efforts from the Available Special/Capital Projects Reserve
RECOMMENDATION:

Town staff recommend the Town Council:
 Add a full-time Emergency Manager (Classification: Division Manager) position to the FY 2024-25 Budget and approve an expenditure budget adjustment of $1,000,000 for emergency management efforts from the available Special/Capital Projects Reserve.

BACKGROUND:

Over the years, the Town has dedicated time and resources to emergency preparedness, with an emphasis on wildfire preparedness. Of note, the following list outlines examples of progress made in recent years to bolster the Town’s emergency preparedness:
 Policy and Plans
o Development of the 2024 Community Wildfire Protection Plan (CWPP), 2024 Local Hazard Mitigation Plan Annex (LHMP), Vegetation Management Plan for Roads and Open Spaces (2021), Ad Hoc Wildfire Committee Report (2020), and Wildland Urban Interface (WUI) Evacuation Assessment Report (2019). o Adoption of ordinances to expand weed abatement requirements (2019, 2020), require defensible space around new structures in the WUI and beyond property lines in certain circumstances (2020), and reduce certain requirements for tree removal and maintenance when related to furthering defensible space (2020).

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ITEM NO. 18.

PAGE 2 OF 4
SUBJECT: Add a Full-Time Emergency Manager and Approve an Expenditure Budget Adjustment of $1,000,000
DATE: January 13, 2025
 Vegetation Management for Wildfire Prevention
o Multiple grant awards for vegetation management:
 USDA grant for roadsides: $750,000 awarded with a $750,000 match requirement
 FEMA grant for roadsides: $1,467,388 awarded with a $489,130 match requirement
 FEMA grant for open space: $1,502,121 awarded with a $500,707 match requirement
o Completion of vegetation management on approximately 11 miles of Priority 1 and Priority 2 roadways in the Vegetation Management Plan (2021, 2022). o Removal of 18 eucalyptus trees on Overlook Road, a Priority 3 roadway in the Vegetation Management Plan (2023).
o Brush mitigation on the hillside behind the Library using a herd of goats, funded with $15,000 in grant funding from the California State Library (2023).  Training and Community Engagement
o Ongoing staff EOC training for all Town employees, including over 100 employees trained as Disaster Service Workers (DSWs) in 2024. o Hillside evacuation drill involving AlertSCC and approximately 50 households (2021).
o Monthly meetings with CERT leads as well as quarterly Meet and Greet workshops with all CERT members, volunteers, and interested community members.
o Two additional Neighborhood Incident Command Posts (NICPs) were added in 2023 with two more underway.
o In 2024, 22 additional CERT members and 16 volunteers were recruited. o In 2024, the CERT members held five emergency preparedness information meetings throughout various neighborhoods.
o Increased Los Gatos AlertSCC subscriptions (6,942 in 2020 to 10,115 in 2025). o Continued wildfire preparedness messaging on social media platforms with the following post counts from October 2021 to January 2025:
 Facebook = 31
 Instagram = 27
 X/Twitter = 17
 LinkedIn = 23
 Nextdoor = 30
 Partnerships
o The Town of Los Gatos led an effort with other West Valley cities to secure $7 million in State grant funding with the support of former Assemblymember Low as part of the 2020-2021 California Budget. Of that funding, $2 million was dedicated to pilot a defensible space wildland fire mitigation program implemented and overseen by the Santa Clara County Fire District (County Fire).

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ITEM NO. 18.

PAGE 3 OF 4
SUBJECT: Add a Full-Time Emergency Manager and Approve an Expenditure Budget Adjustment of $1,000,000
DATE: January 13, 2025
This included a new Vasona crew and has been made a permanent program in County Fire’s budget.
o The Town sold property at Winchester and Lark to County Fire to set the stage for them to build a state-of-art fire station in Town (2019-2021).

In addition to preparedness efforts, the Town continues to provide appropriate emergency response for events such as COVID-19 and the 2023 storms.

DISCUSSION:

Emergency preparedness is an established, critical strategic priority for the Town of Los Gatos.

Currently, the Town budgets 960 part-time, Emergency Services Coordinator hours to address emergency preparedness, planning, and training. To further these efforts; address implementation needs for various disaster mitigation efforts as outlined in the LHMP, CWPP, and Ad Hoc Wildfire Committee Report; pursue emergency preparedness grant funding; explore policy options for improving wildfire prevention; and conduct more robust community engagement, additional staffing resources are required.

To elevate the Town’s emergency management, a management level position is necessary to ensure the necessary expertise and leadership to effectuate cross-departmental, Townwide preparedness initiatives. Given the broad scope and high workload of existing management staff in the Town Manager’s Office, a new position dedicated to emergency management is required. For these reasons, staff recommends adding a full-time Emergency Manager position (Classification: Division Manager) as soon as possible. Originally, staff planned to make this recommendation during the upcoming budget cycle; however, given the extreme fires occurring in Southern California, it appeared prudent to expedite the request ahead of the upcoming fire season. This new position would cost approximately $95,000 for the remainder of this fiscal year and $308,000 annually.

In addition to the staffing resources required, an appropriation of $1 million is recommended to cover the $95,000 cost of the new position as well as provide funding to implement emergency and wildfire preparedness initiatives. If approved, the Town Manager and Assistant Town Manager will work closely with the new Emergency Manager to evaluate and prioritize the most pressing needs first, while ensuring that appropriate Council oversight and approvals are obtained in accordance with the Town’s purchasing policy. Should an emergency occur, this funding would be used to address any immediate response needs.

CONCLUSION:

In order to achieve superior levels of emergency preparedness in an expedited fashion, staff recommends adding a full-time Emergency Manager position and appropriating $1 million for emergency preparedness and response.

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ITEM NO. 18.

PAGE 4 OF 4
SUBJECT: Add a Full-Time Emergency Manager and Approve an Expenditure Budget Adjustment of $1,000,000
DATE: January 13, 2025
FISCAL IMPACT:

The recommended expenditure budget adjustment of $1 million would be funded from the available Special/Capital Projects Reserve. The recommended position would cost approximately $95,000 for the remainder of the fiscal year and $308,000 annually. The costs in the current fiscal year would be funded through the recommended $1 million appropriation and the costs in future years would be included as part of the budget process.

ENVIRONMENTAL ASSESSMENT:

This is not a project defined under CEQA, and no further action is required.

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ITEM NO. 18.

PREPARED BY: Gabrielle Whelan
Town Attorney
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, 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: 01/21/2025
ITEM NO: 19
DATE: January 16, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Resolution Declaring Town-Owned Property at 4 Tait to be Exempt Surplus Land Pursuant to the State Surplus Land Act [Gov. Code Section 54221(f)(1)(B)] and Authorizing Town Manager to Pursue Disposal of the Property and Make Recommendations to the Town Council.

RECOMMENDATION:

Adopt a resolution declaring Town-owned property at 4 Tait Avenue to be exempt surplus land pursuant to the state Surplus Land Act [Government Code Section 54221(f)(1)(B)] and authorizing the Town Manager to pursue disposal of the property and make recommendations to the Town Council.

BACKGROUND:

The Town owns real property located at 4 Tait Avenue (Assessor’s Parcel No. 510-44-054), which is improved with a building of approximately 2,525 square feet and an ancillary outbuilding originally constructed as a fire station and later used as a museum. The museum use was discontinued several years ago. The building and outbuilding are currently unoccupied.

The Town is exploring the disposition of the property.

The State Surplus Land Act, which is codified in Government Code Sections 54220 (hereinafter referred to as the “Act”), applies when a local agency disposes of land that is surplus and not necessary for the agency’s use. The Act requires local agencies to declare land as “surplus land” or “exempt surplus land” prior to disposition. Land that is less than ½ acre or 21,780 square feet and not adjacent to land owned by a state or local agency used for open space or low and moderate-income housing, is exempt from provision of the Act.

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ITEM NO. 19.

PAGE 2 OF 2
SUBJECT: Resolution Declaring 4 Tait to be “Exempt Surplus Land” DATE: January 15, 2025
DISCUSSION:

The Town Attorney’s Office has prepared a resolution declaring the property to be “exempt surplus land.” The draft resolution has been approved by the California Department of Housing and Community Development (“HCD”). The next step is for the Town Council to adopt the resolution and staff to transmit the adopted resolution to HCD at least 30 days prior to the property’s disposition.

ENVIRONMENTAL ASSESSMENT:

In accordance with CEQA Guidelines Section 15378, adoption of this Resolution is exempt from the California Environmental Quality Act (“CEQA”) because it does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

CONCLUSION:

If the Town Council adopts this Resolution, the Resolution will be transmitted to HCD and the Town Manager’s Office will pursue options for disposition of the property and return to the Town Council.

COORDINATION:

The Town Attorney’s Office coordinated with the Town Manager’s Office in the preparation of this report.

Attachments:

1. Resolution Declaring Town-Owned Property at 4 Tait Avenue Exempt Surplus Land

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ITEM NO. 19.

ATTACHMENT 1
RESOLUTION 2025-XX

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS, CALIFORNIA DECLARING CERTAIN TOWN-OWNED PROPERTY AT 4 TAIT AVENUE AS EXEMPT SURPLUS LAND PURSUANT TO SECTION 54221(f)(1)(B)

OF THE STATE SURPLUS LAND ACT
WHEREAS, the Town of Los Gatos (“Town”) owns that certain approximately 12,234 square foot (0.28 acre) real property located at 4 Tait Avenue, Los Gatos, designated as APN:
510-44-054 (“Property”) which is improved with an approximately 2,525 square foot building (“Building”) and ancillary outbuilding originally constructed as a fire station and later used as a museum; and
WHEREAS, the Town has caused an appraisal of the Property to be completed to establish its fair market value. The appraisal establishes that the Property’s highest and best use is for residential purposes, and the fair market appraised value is between $2.9 and $3.06 Million, depending on whether the Property can be split into two lots; and WHEREAS, the museum use was discontinued and the Building closed several years ago, and since that time the Property has been unoccupied and is no longer needed for Town’s use; and
WHEREAS, the Town has determined it is in the Town’s best interest to sell the Property, subject to a requirement that the Building’s façade be preserved and maintained in a manner substantially consistent with its current condition and design; and WHEREAS, the State Surplus Land Act, Government Code sections 54220 et seq. (“Act”), applies when a local agency disposes of land that is surplus and not necessary for the agency’s use; and
WHEREAS, the Act requires local agencies to declare land as “surplus land” or “exempt surplus land” prior to disposition; and
WHEREAS, the Act identifies land that is less than one-half acre or 21,780 square feet and not contiguous to land owned by a state or local agency that is used for open-space or lowand moderate-income housing purposes as “Exempt Surplus Land” [Gov. Code Section 54221(f)(1)(B)]; and
WHEREAS, the Property is less than 21,780 square feet and not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes, exempting the transfer of the Property from the Act; and WHEREAS, pursuant to the Surplus Land Act Guidelines issued by the California Department of Housing and Community Development (“HCD”), any determination by a local

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ITEM NO. 19.

ATTACHMENT 1
agency that its lands are exempt from the Surplus Land Act must be provided to HCD for its review at least 30 days prior to disposition.

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

Section 1. Recitals
The recitals above are hereby incorporated and adopted as the findings of the Town Council.

Section 2. California Environmental Quality Act (CEQA)
Adoption of this Resolution is exempt from the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”) pursuant to CEQA Guidelines section 15378, as it does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

Section 3. Declaration of Exempt Surplus Land
A. Based on the foregoing recitals, the public interest is for the Property to be offered for sale in accordance with applicable law.

B. The Town Council hereby declares that the Property is not necessary for the Town’s use, and is exempt from the Act pursuant to California Government Code section 54221(f)(1)(B).

C. Pursuant to California Government Code section 54222.3, the Act shall not apply to the disposition of the Property.

Section 4. Actions; Authorizations
A. The Town Manager is authorized to undertake efforts to sell the Property to a purchaser at a sales price not less than the Property’s fair market value, subject to a requirement that the purchaser and its successors and assigns commit to preserve and maintain the Building’s façade in a manner substantially consistent with its current design and condition, and to present the Town Manager’s recommendation to the Town Council for consideration.

B. The Town Clerk is hereby authorized and directed to submit a copy of this Resolution to HCD in accordance with the Surplus Land Act Guidelines.

Section 5. Effective Date
This Resolution will become effective immediately upon adoption.

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ITEM NO. 19.

ATTACHMENT 1
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 21st day of January 2025, by the following vote:

COUNCIL MEMBERS:

AYES:

NAYS:

ABSENT:

ABSTAIN:

SIGNED:
____________________________

MAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: __________________, 2025
ATTEST:
____________________________

CLERK OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: _________________, 2025

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ITEM NO. 19.

Los Gatos City CouncilJanuary 21, 2025

Los Gatos City Council
January 21, 2025