ITEM NO. 9.
Town of Los Gatos FY 2025-2026 Administrative Fine and Penalty Schedule 3 ADMINISTRATIVE FINES AND PENALTIES – TOWN CODE VIOLATION
SECTION AMOUNT
13.20.02 $100.00
13.20.305 Permit Required for Storage of Hazardous Material $100.00
14.40.105 $100.00
14.100.020(a) $100.00
14.140.085
First offense Warning
Second offense $250.00
Third offense within 12-month period incurs fine and immediate revocation of the short-term rental license $500.00
15.10.025 Roller skating in street $100.00
15.10.030 Skateboarding or roller skating $100.00
15.10.035 Driving on private property $100.00
15.30.035 Entering intersections, etc., without sufficient space on other side $135.00
15.30.115 Cruising
First offense $100.00
Second offense $200.00
Third or subsequent offense within 2 years $250.00
15.40.015 Overtime Parking $42.00
15.40.060 Sleeping in vehicle after being warned $50.00
15.40.065 Vehicle Storage on Street $67.00
15.40.070 Commercial Vehicles in Residential Zones $67.00
15.40.075 For Sale/Non Emergency Repair $42.00
15.40.080 Preferential Parking $52.00
15.40.080(b) Permit Required Area $52.00
15.40.080(c) Fraudulent use of Permit $107.00
15.40.085 Posted no Parking Special Events $42.00
15.40.090 Parking on Parkway $42.00
15.40.095 Marked Parking Space $42.00
15.40.100 Parking on Grade $42.00
15.40.105 Designated Parking VC22507.8 $292.00
15.40.110 Marked Curb $42.00
15.40.275 Parking in Alleys Restricted to Loading or Unloading $42.00
15.50.025 Standing in roadway $25.00
16.20.010 Curfew noise disturbance/Noise Limits $500.00
16.20.015 Exterior noise levels for residential zones $500.00
16.20.020 Exterior noise levels for multi-family residence $500.00
16.20.025 Noise levels for commercial / industrial zones $500.00
16.20.030 Public property noise limits $500.00
16.20.035 Construction $500.00
16.20.040 Amplified sound $500.00
16.20.045 Street sales $500.00
Short-term rentals
OFFENSE
Improper storage of hazardous material
Peddlers / Solicitors
Special event
ITEM NO. 9.
Town of Los Gatos FY 2025-2026 Administrative Fine and Penalty Schedule 4 ADMINISTRATIVE FINES AND PENALTIES – TOWN CODE VIOLATION
SECTION AMOUNT
16.20.050 Animals and birds
First offense $50.00
Second offense within 2 years $200.00
Third or subsequent offense within 2 years $500.00
16.20.055 Motor vehicles $500.00
16.20.060 Powered equipment $500.00
18.10.015(a) Drinking in public $100.00
18.10.015(b) Open container in public $100.00
18.10.020 Meetings (disturbing) $100.00
18.30.040 Violation of the Social Host Ordinance $1,500.00 Second or subsequent offense $3,000.00
18.60.020(m)
First Offense $1,000.00
Second Offense within a 60-month period $2,500.00
Third Offense within a 60-month period $5,000.00
18.60.020(n)
First Offense $2,500.00
Second Offense within a 60-month period $5,000.00
Third Offense within a 60-month period $10,000.00
18.50.010 Crowds, dispersement $100.00
18.70.010 Discharge of firearm, etc. in Town $200.00
18.70.035 Sling shot $200.00
19.10.020(1)-(5) Certain acts prohibited within park property $100.00
19.10.025(1)-(5) Behavior of persons within park property $100.00
19.10.025(6) Possess or ignite explosive, fireworks, rockets, etc $200.00
19.10.025(7) Make or kindle a fire except in approved locations $100.00
19.10.025(8)-(17) Behavior of persons within park property $100.00
19.10.027(1) Animals in Parks – Dogs off leash $100.00
19.10.027(2)-(6) Animals in parks – Other provisions $100.00
19.10.030(1)-(2) Sanitation requirements $100.00
19.10.035(1)-(9) Use of vehicles in parks (not subject to CVC or other Town Codes) $100.00
19.10.037(1)-(6) Use of bicycles in parks (not subject to CVC or other Town Codes) $100.00
19.10.038 Use of skateboards, skates, scooters $100.00
19.10.040 Swimming or wadings in parks $100.00
19.10.050(1)-(3) Advertising, sale of merchandise in parks $100.00
19.10.055(1)-(2) Closing hours for parks, overnight activities prohibited $100.00
19.10.060 Closing sections of park $100.00
22.30.040 Storm water protections $100.00
28.20.030 Non-permit fine Taxicabs $100.00
OFFENSE
Penalties for tobacco retailing violation by a retailer with a permit Penalties for tobacco retailing without a permit
ITEM NO. 9.
Town of Los Gatos FY 2025-2026 Administrative Fine and Penalty Schedule 5 ADMINISTRATIVE FINES AND PENALTIES – LOS GATOS CALIFORNIA FIRE CODE
SECTION OFFENSE AMOUNT
108.2.2 Failure to obtain inspection-new installation $200.00 112.3.2 Failure to comply with notice I order $1,000.00 112.3.4 Destruction of signs - Unauthorized Tampering $200.00 301.1 Fire hazard prohibited (citations) $100.00
114 Unsafe buildings $200.00
401.8 Interference with Fire Department $200.00
105.1. 1 Unlawful to operate institutions without occupancy permit $200.00 503.2 Plans for access roads $100.00
507.5 Plans for fire hydrant systems $100.00
501.4 Access road and fire hydrant installation timing $100.00 507 Hydrant identification-reflective markers $100.00
505 Premises identification $100.00
503.4 Closure of fire roads; obstruction-access road $200.00 504.2 Posting of signs on exterior doors blocked by storage $100.00 506.1 Key box $100.00
901.7 Notification of Fire Department for fire alarm servicing $100.00 901.8 Tampering with fire equipment $200.00
901.8 Tampering with fire hydrant or fire equipment $200.00 901.8.1 Tampering with barriers, etc. $200.00
507.5.4 Obstructing fire protection equipment $100.00
507.5.5 Clear space around hydrants $100.00
509.2 Fire extinguishing equipment obstruction $100.00
509.2 Fire alarm equipment obstruction $100.00
509.1 Identification of fire protection equipment $100.00 906 Sale of defective fire extinguishers $200.00
907 Fire alarm systems $200.00
307.1 Open burning $100.00
307.4.1 Bonfires $100.00
304.1.1 Accumulation of waste material $150.00
315.1 Storage and handling of readily combustible materials $100.00 315.3.4 Combustible storage in attics $100.00
807.1 Decorative material $100.00
605.9 Protection of gas meters $100.00
603 Heating appliances $100.00
308 Use of open flame restricted $100.00
305.2 Discarding burning objects $100.00
305.2 Hot ashes and other dangerous materials $100.00
311.1 Vacant building (maintenance) $100.00
1003.6 Exit obstruction $200.00
ITEM NO. 9.
Town of Los Gatos FY 2025-2026 Administrative Fine and Penalty Schedule 6 ADMINISTRATIVE FINES AND PENALTIES – LOS GATOS CALIFORNIA FIRE CODE
SECTION OFFENSE AMOUNT
1010.1 Exit doors $200.00
1013 Exit Sign Illumination $200.00
1008.1 Lighting requirements-exit $200.00
3310 Reporting of fires during construction $100.00
202 907.1.5 False alarms $100.00
1018.1 Aisles $150.00
1024.1 Use of exit passageways $200.00
1013.1 Marking and lighting of exits $150.00
109.6 Overcrowding $200.00
308.1 Open flame $100.00
2311.2 Storage and use of flammable and combustible liquids in repair garages
$100.00
2311.2.3.1 Liquids drained from vehicles $150.00
2311.3 Source of ignition $100.00
2311.2.3.2 Oily waste materials $100.00
2803.1 Open yard storage $100.00
2803.2 Dust control $100.00
3103.8 Location of tents and air-supported structures $100.00 3103.9 Anchorage required $100.00
3104.2 Flame-retardant certification $200.00
3107.10 Fire extinguishers and other fire protection equipment $100.00 3107.11 Occupant load $100.00
3103.12 Exits / Means of Egress $100.00
3103.12.8 Maintenance of exit ways $100.00
3103.12.7 Exit illumination $100.00
3107.3 Smoking $100.00
3107.4 Open Flame $100.00
3107.12 Heating and cooking equipment $100.00
3107.14 Storage of flammable or combustible liquid $150.00 3107.16 Generators $100.00
2108.1 Fire protection $100.00
2107.3 Solvent storage $100.00
2105.1.5.4 Public access Customer area Shall Be Clean $100.00 2105.1.1 Warning label and signs $100.00
2403.2.6 Smoking prohibited $100.00
2403.2.7 Welding warning signs $100.00
2403.2.1 Electrical wiring and equipment $100.00
2404.2 Location of spray-finishing operations $200.00
2404.3.3 Spray booths $100.00
2404.6.1.2 Dry filters – Drying Apparatus $100.00
2404.6 Sources of ignition $150.00
ITEM NO. 9.
Town of Los Gatos FY 2025-2026 Administrative Fine and Penalty Schedule 7 ADMINISTRATIVE FINES AND PENALTIES – LOS GATOS CALIFORNIA FIRE CODE
SECTION OFFENSE AMOUNT
2404.7 Ventilation of spray booths and spraying areas $100.00 2404.9 Limited spraying areas spaces $100.00
2403.3 Storage and handling of flammable or combustible liquids Design and Construction $100.00
2404.4 Fire protection equipment $100.00
2404.5 Housekeeping Operation and maintenance $100.00
2405.2 Location of dip tank operations $150.00
2405.7 Ventilation of vapor areas $100.00
2405.6 Sources of ignition $150.00
2405.4.1 Fire extinguishing equipment $100.00
2405.3.4 Dip tank covers $100.00
2405.9 Hardening and tempering tanks $100.00
2405.11 Coating operations $100.00
2407 Electrostatic apparatus $150.00
2408 Organic peroxides and dual-component coatings $100.00 2408.5 Source of ignition $100.00
5906.5.7 Fire extinguishing materials for magnesium fires $100.00 5906.1 Handling of magnesium fines (fine magnesium scrap) $100.00 3503 Hot work area general requirements $100.00
3505 Location of cylinders $100.00
2905 Process building $100.00
2909 Storage of raw material and finished products $100.00 2906 Process mills and kettles $100.00
2904.1 Electrical equipment $100.00
2904.3 Protection against static electricity and lighting $100.00 2903.4 Fire protection $100.00
2901.3 Maintenance $100.00
2703.1 Emergency control station and alarms $100.00
2703.2.3 Piping and tubing $100.00
2703.4 Emergency plan $100.00
2703.13 Gas detection $100.00
2703.10 Fire protection $100.00
2703.15.1 Electrical equipment $100.00
2703.15.2 Ventilation requirements $100.00
2704 General storage requirements $100.00
2704.3.1 Inside HPM storage $100.00
2704.3.3 Separation of HPM $100.00
2705.3 Handling HPM in existing buildings $100.00
2703.13 Requirements for HPM gases $100.00
2705.3.2 Transportation of HPM in service corridors $100.00 2705.3.4 Design of carts and trucks $100.00
ITEM NO. 9.
Town of Los Gatos FY 2025-2026 Administrative Fine and Penalty Schedule 8 ADMINISTRATIVE FINES AND PENALTIES – LOS GATOS CALIFORNIA FIRE CODE
SECTION OFFENSE AMOUNT
2303.1 Location of dispensing operations $100.00
2303.1 Installation of dispensing devices $100.00
2304.1 Supervision of dispensing operations $100.00
2305.4 Sources of ignition $100.00
2305.6 Signs $100.00
2305.5 Fire extinguishers $100.00
2305.7 Clearance of combustibles $100.00
2305.2 Maintenance $100.00
2306.2 Storage of fuel $100.00
2306.7 Dispensing $100.00
2305.4 Electrical equipment $100.00
2305.4 Heating equipment $100.00
2306.7.9 Vapor recovery $100.00
2307.3 LPG Attendants $100.00
2307.4 LPG dispensing location $100.00
2307.5 LPG dispensing equipment $100.00
2308.3 Location for CNG dispensing operations $100.00
2308.4 CNG Private fueling of vehicles $100.00
2308.6 CNG Manual shut off valve $100.00
2308.8 Discharge of CNG from vehicle fuel containers $100.00 3003.1 Ventilation of industrial ovens $100.00
608.13.4 Ammonia discharge $100.00
608.8 Emergency signs and labels $100.00
5303.1 Compressed gas containers, cylinders and tanks $100.00 5303.4 Marking $100.00
5303.5 Security $100.00
5303.6 Valve protection $100.00
5303.7 Separation from hazardous conditions $100.00
5303.8 Wiring and equipment $100.00
5303.9 Service repair $100.00
5303.10 Unauthorized use $100.00
5303.11 Exposure to fire $100.00
5303.12 Leaks, damage or corrosion $100.00
5303.13 Surface or unprotected storage areas $100.00
5303.15 Lightning $100.00
5304 Storage $100.00
5305 Use and handling $100.00
5306 Medical gas systems $100.00
5503.1 Construction of containers $100.00
5503.1 Containers $100.00
ITEM NO. 9.
Town of Los Gatos FY 2025-2026 Administrative Fine and Penalty Schedule 9 ADMINISTRATIVE FINES AND PENALTIES – LOS GATOS CALIFORNIA FIRE CODE
SECTION OFFENSE AMOUNT
5503.2 Pressure relief devices $100.00
5503.4 Marking $100.00
5503.6 Electrical equipment $100.00
5505.1.2 Piping materials and construction $100.00
5505.4 Filling and dispensing $100.00
5505.5 Handling $100.00
2203.1 Housekeeping $100.00
2203.4.6 Smoking and open flames $100.00
5701.4 Permit and plans for flammable and combustible liquid storage electrical $100.00
5703.2 Fire protection $100.00
5703.4 Spill control and secondary containment $100.00
5703.5 Labeling and signs $100.00
5704.2.1 Change of tank contents $100.00
5704.2.3 Labeling and signs $100.00
5704.2.4 Sources of ignition $100.00
5704.2.5 Explosion control $100.00
5704.2.6 Separation from incompatible materials $100.00 5704.2.7 Design of tanks, containers and equipment $100.00 5704.2.8 Below grade vaults $100.00
5704.2.7.6 Inspection, repair, alteration or reconstruction of tanks and piping $100.00
5704.2.8.2 Vault design and construction $100.00
5704.2.7.3 Tank vents for normal venting $100.00
5704.2.9.6.1 Prohibited locations of above ground tanks $200.00 5704.2.9.6.2 Separation of tanks $100.00
5704.2.7.4 Emergency of relief venting for tanks $100.00 5704.2.7.5 Tank openings other than vents $100.00
5704.2.10 Drainage control and diking $100.00
5704.4 Container and portable tank storage outside of buildings $100.00 5704.2.9.5 Stationary above ground tank storage inside buildings $100.00 5704.3.3 Container and portable tank storage inside buildings $100.00 5704.2.11 Underground tank storage $100.00
5705.2 Liquid transfer $100.00
5705.3.6 Cleaning with Class I or II liquids $150.00
5706.2 Storage and dispensing at construction sites and farms $100.00 5706.2.8 Tank vehicles and vehicle operation $100.00
5001.5 Permits required for hazardous materials $200.00 5001.5.1 Hazardous material management plan $100.00
5003.2.1 Design of containers, cylinders and tanks $100.00 5003.2.2 Piping, tubing, valves and fittings $100.00
ITEM NO. 9.
Town of Los Gatos FY 2025-2026 Administrative Fine and Penalty Schedule 10 ADMINISTRATIVE FINES AND PENALTIES – LOS GATOS CALIFORNIA FIRE CODE
SECTION OFFENSE AMOUNT
5003.2.3 Suitability of equipment, machinery and alarms $100.00 5003.2.4 Installation of tanks $100.00
5003.2.5 Empty containers and tanks $100.00
5003.2.6 Maintenance $100.00
5003.3 Release of hazardous material $1,000.00
5003.4 Safety data sheets $100.00
5003.5 Identification signs $100.00
5003.6 Signs $100.00
5003.7 Sources of ignition $100.00
5003.8 Construction requirements $100.00
5003.9 General safety precautions $100.00
5003.10 Handling and transportation $100.00
5001.6 Facility closure $100.00
5001.4 Retail and wholesale storage and display $100.00 5001.1 Exempt amounts $100.00
5004 Storage, general $100.00
6004 Toxic and highly toxic compressed gases $100.00
6303 Oxidizers $100.00
6203 Organic peroxides $100.00
6403 Pyrophoric materials $100.00
6703 Water relative solids and liquids $100.00
6003 Highly toxic and toxic solids and liquids $100.00
6603 Unstable materials $100.00
5403 Corrosives general requirements $100.00
5005.1.1 Separation from hazardous material storage $100.00 5004.2 Spill control $100.00
5005.1.5 Emergency power $100.00
5005.1.6 Supervision $100.00
5005.1.7 Lighting $100.00
5005.1.8 Fire extinguishing systems $100.00
5005.1.9 Ventilation $100.00
5304.1 Container position for gases $100.00
NFPA 55 Bulk oxygen systems $100.00
NFPA 55 Liquid transfer $100.00
6405.3 Silane $100.00
5005.2 Indoor dispensing and use $100.00
5005.3 Outdoor dispensing and use $100.00
5005.4 Handling $100.00
3205.3 Ignition sources $100.00
3205.5 Aisle maintenance $100.00
3206.3 Separation of high-piled storage areas $100.00
ITEM NO. 9.
Town of Los Gatos FY 2025-2026 Administrative Fine and Penalty Schedule 11 ADMINISTRATIVE FINES AND PENALTIES – LOS GATOS CALIFORNIA FIRE CODE
SECTION OFFENSE AMOUNT
3206.4 Fire sprinklers $100.00
3206.5 Fire detection $100.00
3206.6 Building access $100.00
3206.8 Smoke and heat removal $100.00
3206.9 Hose stations and hose connections $100.00
3206.10 Aisles $100.00
3206.11 Portable fire extinguishers $100.00
3207.2 Fire protection for solid-piled and shelf storage $100.00 3207.3 Pile dimensions and height limitations $100.00
3208.2 Fire protection for rack storage $100.00
3208.3 Flue spaces $100.00
3208.5 Extra-high rack storage systems $100.00
6103 Installation of equipment $100.00
6104 Location of containers $100.00
6105 Prohibited use of Lp-gas $100.00
6106 Dispensing $100.00
6107 Safety precautions and devices $100.00
6107.2 Smoking and other sources of ignition $100.00
6107.3 Clearance to combustibles $100.00
6107.4 Protecting containers from vehicles $100.00
6108 Fire protection $100.00
6109 Storage of portable containers awaiting use or resale $100.00 6110 Containers not in service $100.00
6111 Parking and garaging tank vehicles $100.00
4811.6 Smoking at motion picture production $100.00
6504 Film storage $100.00
603.8 Use of temporary wiring $100.00
603.2 Abatement of electrical hazards $100.00
603.7 Electrical motors $100.00
603.6 Extension cords $100.00
603.5 Multi plug adaptors $100.00
603.5 Power taps $100.00
603.4 Access to switchboards and panel boards $100.00
3301 Fire safety during construction $100.00
3305 Precautions against fire $100.00
5104 Storage of aerosol products $100.00
5106 Retail display of aerosol products $100.00
ITEM NO. 9.
ITEM NO. 9.
Administrative Fine/Penalty Name FY 2024-25 Adopted FY 2025-26 Proposed Requirements for HPM gases $100.00 Delete Violation
FY 2025-26 Administrative Fine and Penalty Adjustments, Reclassifications, Deletions and Additions Los Gatos California Fire Code Violations
ATTACHMENT 4
ITEM NO. 9.
PREPARED BY: Sean Mullin, AICP
Planning Manager
Reviewed by: Town Manager, Assistant Town Manager, 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: 05/06/2025
ITEM NO: 10
DATE: May 1, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Consider the Recommendation of the Planning Commission for Adoption of a Resolution to Amend the General Plan to Allow 100 Percent Affordable Housing Projects as a By-Right Use in the Mixed Use Commercial General Plan Land Use Designation and Adoption of an Ordinance to Amend Chapter 29 (Zoning Regulations) of the Town Code to Add 100 Percent Affordable Housing Projects as a Permitted Use in the Restricted Commercial Highway (CH) Zone, Pursuant to Implementation Program AB of the 2023-2031 Housing Element. The Proposed Amendments are Not Subject to the California Environmental Quality Act ("CEQA") Because the Amendments Being Proposed are Not a Project Under CEQA Pursuant to Section 21065 of the Public Resources Code and Section 15378 of the State CEQA Guidelines.
Additionally, the Adoption of this Resolution and Ordinance are Exempt Pursuant to CEQA, Section 15061(b)(3) in that it Can be Seen with Certainty that they Will Not Impact the Environment. General Plan Amendment Application GP-24-004 and Zoning Code Amendment Application A-24-010.
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 Adding 100 Percent Affordable Housing Projects as a Permitted Use in the Restricted Commercial Highway (CH) Zone Pursuant to Implementation Program AB of the 2023-2031 Housing Element.
RECOMMENDATION:
Adopt a Resolution (Attachment 1) to amend the General Plan to allow 100 percent affordable housing projects as a by-right use in the Mixed Use Commercial Land Use designation and introduce an ordinance (Attachment 2) to amend Chapter 29 (Zoning Regulations) of the Town Code to add 100 percent affordable housing projects as a permitted use in the Restricted Commercial Highway (CH) zone, pursuant to Implementation Program AB of the 2023-2031 Housing Element (Attachment 3).
ITEM NO. 10.
PAGE 2 OF 4
SUBJECT: 100 Percent Affordable Housing Developments General Plan and Zoning Code Amendments, Implementation Program AB/GP-24-004 and A-24-010 DATE: May 1, 2025
FISCAL IMPACT:
The proposed amendments to the General Plan and Town Code do not impact the Town’s budget and are required under Program AB of the 2023-2031 Housing Element.
STRATEGIC PRIORITIES:
The proposed amendments to the General Plan and Town Code, required under Program AB of the 2023-2031 Housing Element, align with the adopted Core Goal of Community Character and the Strategic Priority to preserve the Town’s small-town charm and provide a range of housing opportunities and historic neighborhoods, while diligently maintaining and implementing the Housing Element.
BACKGROUND:
Implementation Program AB of the Housing Element requires amendments to the Mixed Use Commercial Land Use designation of the General Plan and the CH zone (Chapter 29 of the Town Code) to allow for 100 percent affordable residential developments as a permitted use (Attachment 3). Specifically, Implementation Program AB states the following:
Amend the General Plan and the Municipal Code to allow for 100 percent affordable residential development without the requirement of commercial uses.
On February 12, 2025, the General Plan Committee (GPC) considered the proposed amendments and forwarded a recommendation to amend the General Plan to allow 100 percent affordable residential developments as a permitted use in the Mixed Use Commercial General Plan Land Use designation and amend the Town Code to add 100 percent affordable residential developments as a permitted use in the CH zone. The February 12, 2025, GPC staff report and minutes are included as Attachment 4, Exhibits 4 and 5. Included with the GPC’s recommendation was a request that maps showing where the proposed amendments would be applicable be provided to the Planning Commission and the Town Council, and that a discussion of height allowances under State Density Bonus Law (SDBL) also be provided. The requested maps are included as Attachment 4, Exhibits 6 and 7. A discussion of height allowances under SDBL is included in the Planning Commission Staff Report in Attachment 4.
On April 9, 2025, the Planning Commission voted (4-1) to recommend to the Town Council approval of the amendments to the General Plan and the Town Code regarding 100 percent affordable housing projects. The April 9, 2025, Planning Commission staff report and verbatim minutes are included as Attachments 4 and 5.
ITEM NO. 10.
PAGE 3 OF 4
SUBJECT: 100 Percent Affordable Housing Developments General Plan and Zoning Code Amendments, Implementation Program AB/GP-24-004 and A-24-010 DATE: May 1, 2025
DISCUSSION:
Policy HE-3.1 of the 2023-2031 Housing Element, requires the Town to facilitate the development of affordable housing through regulatory incentives and concessions, and/or financial assistance to remove barriers to the production of housing. Consistent with this policy, Implementation Program AB requires amendments to the General Plan and the Town Code to allow for 100 percent affordable residential developments as a permitted use without a commercial component within the Mixed Use General Plan Land Use designation and CH zone.
The following is a summary of the required amendments necessary to implement Program AB.
A. Mixed Use Commercial General Plan Land Use Designation The Mixed Use Commercial Land Use designation within the 2020 Land Use Element of the General Plan currently permits, among other things, a mixture of retail, office, and residential uses in a mixed-use project. However, a standalone residential use is not permitted unless associated with a commercial use within a mixed-use project.
Housing Element Implementation Program AB requires amending the Mixed Use Commercial Land Use designation to also allow a standalone residential use when the development would be 100 percent affordable, as shown in Attachment 6. The proposed General Plan amendment would affect all Town parcels with a Mixed Use Commercial Land Use Designation and is not limited to the properties included in the Sites Inventory of the Housing Element. The draft Resolution amending the 2020 Land Use Element of the General Plan is included as Attachment 1.
Attachment 4, Exhibit 6 shows the locations of the Mixed Use Commercial General Plan Land Use designation in the Town. Through Implementation Program AB, these are the properties where a 100 percent affordable residential development would be allowed as a permitted use through the amended Land Use designation. These areas are concentrated along Los Gatos Boulevard between Blossom Hill Road and Samaritan Drive, and Los GatosSaratoga Road at Alberto Way.
B. Restricted Commercial Highway (CH) Zone
Generally speaking, Town properties with a Mixed Use Commercial General Plan Land Use designation are zoned CH, and these properties are located along Los Gatos Boulevard, north of Shannon Road, and Los Gatos-Saratoga Road at Alberto Way. According to Town Code Section 29.60.415, “the CH or Restricted Commercial Highway zone is intended for the development of vehicular-oriented activities and sales along highway frontages, intermingled with compatible retail, service, and administrative activities.”
ITEM NO. 10.
PAGE 4 OF 4
SUBJECT: 100 Percent Affordable Housing Developments General Plan and Zoning Code Amendments, Implementation Program AB/GP-24-004 and A-24-010 DATE: May 1, 2025
Housing Element Implementation Program AB would involve amending Town Code Section
29.60.420 (CH Zone – Permitted Uses), adding “100 percent affordable residential developments” as a permitted use in the zone, as shown in Attachment 7. The proposed Town Code amendment would affect all Town parcels that are zoned CH and is not limited to the properties included in the Sites Inventory of the Housing Element. The draft Ordinance amending Town Code Section 29.60.420 is included as Attachment 2.
Attachment 4, Exhibit 7 shows the location of the commercial zones (C-1, C-2, CH, and O) where mixed-use developments are currently allowed with approval of a Conditional Use Permit (CUP).
CONCLUSION:
If the Town Council adopts the Resolution included in Attachment 1, the amendments to the General Plan will go into effect immediately. Additionally, if the Town Council introduces the ordinance amending Chapter 29 of the Town Code included in Attachment 2, it will be placed on the May 20, 2025, Town Council agenda for adoption and the ordinance will take effect 30 days after adoption.
COORDINATION:
This report was coordinated with the office of the Town Manager.
ENVIRONMENTAL ASSESSMENT:
The proposed amendments are not a project under CEQA pursuant to Section 21065 of the Public Resources Code and Section 15378 of the State CEQA Guidelines; are exempt from CEQA pursuant to 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that the action will not have a significant adverse impact on the environment; and any future 100 percent affordable residential developments that include new construction under a discretionary process would be subject to project specific environmental review under CEQA.
ATTACHMENTS:
1. Draft Resolution
2. Draft Ordinance
3. Housing Element Implementation Program AB
4. April 9, 2025, Planning Commission Staff Report, with Exhibits 1 through 4
5. April 9, 2025, Planning Commission Verbatim Minutes
6. Redline Amendments to the General Plan
7. Redline Amendments to Town Code
ITEM NO. 10.
ATTACHMENT 1
RESOLUTION 2025-___
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING THE 2020 GENERAL PLAN LAND USE ELEMENT TO ALLOW 100 PERCENT AFFORDABLE HOUSING PROJECTS AS A BY-RIGHT USE IN THE
MIXED USE COMMERCIAL GENERAL PLAN LAND USE DESIGNATION, PURSUANT TO IMPLEMENTATION PROGRAM AB OF THE 2023-2031 HOUSING ELEMENT GENERAL PLAN AMENDMENT APPLICATION GP-24-004
PROPERTY LOCATION: TOWN WIDE
APPLICANT: TOWN OF LOS GATOS
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 the General Plan regarding 100 percent affordable housing projects; WHEREAS, the General Plan Committee at its meeting of February 12, 2025, recommended that the 2020 General Plan Land Use Element be amended to allow 100 percent affordable housing projects as a by-right use in the Mixed Use Commercial General Plan Land Use designation; and
WHEREAS, the Planning Commission held a duly noticed public hearing on April 9, 2025, at which time the Commission considered the public testimony, the Staff Report prepared for that meeting, and all other documentation related to the General Plan amendment, and forwarded a recommendation of approval to the Town Council; and WHEREAS, the Town Council held a duly noticed public hearing on May 6, 2025, at which time the Town Council considered the public testimony, the Staff Report, and all other documentation related to the General Plan amendment and made a motion to approve the amendments to the 2020 General Plan Land Use Element as provided in Exhibit A; and Draft Resolution to
be modified by Town
Council deliberations
and direction.
ITEM NO. 10.
WHEREAS, the location and custodian of the documents or other materials which constitute the record of proceedings upon which the Town Council’s decision is based is in the office of the Town Clerk, 110 E. Main Street, Los Gatos, CA 95030.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS RESOLVES AS FOLLOWS:
1. The Town Council finds as follows:
A. The amendments to the 2020 General Plan Land Use Element provided in Exhibit A are not a project under CEQA pursuant to Section 21065 of the Public Resources Code and Section 15378 of the State CEQA Guidelines; are exempt from CEQA pursuant to 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that the action will not have a significant adverse impact on the environment; and any future 100 percent affordable residential developments that include new construction under a discretionary process would be subject to project specific environmental review under CEQA; and
B. The amendments to the 2020 General Plan Land Use Element provided in Exhibit A are internally consistent with the General Plan because they would allow a residential use on lands currently designated and zoned to allow a residential use in a mixed-use development of the Town Code; and
C. The Town has complied with the requirements set forth in Government Code Section 65350 and following.
2. The 2020 General Plan Land Use Element is amended to allow 100 percent affordable housing projects as a by-right use in the Mixed Use Commercial General Plan Land Use designation as provided in Exhibit A to this Resolution.
3. This amendment was adopted by the following vote as a resolution of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on the 6 th day
of May 2025.
ITEM NO. 10.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ___________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: ___________________
ITEM NO. 10.
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3 LAND USE ELEMENT
A. Introduction
Los Gatos is a mature, predominantly built-out community. While there is little room for growth or change in the physical environment, land use is dynamic and change is constant from within and outside the community.
Managing change in an effort to maintain our quality of life is a priority of this General Plan and the Community.
The Land Use Element is the framework of the General Plan and is intended to inform and shape the future physical development of Los Gatos. This Element sets forth the patterns of development activity and land uses that will support and enhance the character of the Town. Although all General Plan Elements are of equal importance, the Land Use Element is the most frequently used and referenced section of the General Plan.
Planning for neighborhood preservation and protection is one of the most important purposes of the Town’s General Plan. Preserving the small-town heritage, natural setting, and architectural diversity are also important to this community. One of Los Gatos’s most outstanding assets is the visual diversity of its individual neighborhoods. Existing development represents a variety of architectural styles from various eras, embodying a variety of sizes, design features, and building materials, resulting in neighborhoods with their own unique identity. For example, Downtown Los Gatos is the historic heart of Town with a pedestrian-scale setting of mixed land uses and architecturally historic buildings. It is a unique area that sets the spirit and style of the entire Town.
Maintaining neighborhood quality suggests conservation of existing housing, good street design, traffic control in residential neighborhoods, and development review that adheres to quality design. Factors such as new or excessive traffic, aging or inadequate infrastructure, and even economic pressures may cause disruption of neighborhoods. Neighborhood preservation also includes balancing the intensity of land uses with the existing residential density.
EXHIBIT A
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Los Gatos also focuses on maintaining a “full-service” town that provides a range of goods and services that support the economic vitality of the Town. The commercial centers of Los Gatos are therefore also important to the community.
Under the Los Gatos Boulevard Plan, the community expressed interest in creating a shopping experience and destination that complements but does not compete with the Downtown.
Residential and non-residential uses produce different impacts on the community. The impacts on traffic, noise, schools, open space, and other qualityof-life issues will vary, depending on the final mixture of residential and nonresidential uses approved within the area. The overall planning for the area needs to limit the adverse impacts on the quality of life of all of the residents of Los Gatos and to provide for open space.
The Land Use Element describes land use designations, special planning areas, and existing land uses in Los Gatos. The Land Use Element is divided into the following sections:
Introduction: A description of the requirements and contents of the Land Use Element.
Existing Land Uses: A description of existing land uses in Los Gatos. General Plan Land Use Designations: A description of the characteristics and intensity of the different land use designations in Los Gatos, including a map identifying the location of these land use designations. Special Planning Areas: A description of special planning areas, including Historic Districts and Specific Plan Overlays.
Goals, Policies, and Actions: A list of goal, policy, and action statements that provide guidance to Los Gatos on land use decisions.
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B. Authority for the Element
California Government Code Section 65302(a) and Public Resources Code Section 2762(a) require that the Land Use Element provide the following information:
Distribution, location, and extent of land uses for categories of public or private uses. Such categories include, but are not limited to housing, business, industry, open space, natural resources, recreation and enjoyment of scenic beauty, education, and public buildings and grounds. Population density and building intensity standards for land use designations.
The Land Use Element has the broadest scope of any of the State-required components of the General Plan. In addition to the State’s requirements set forth in the Government Code, it has also been legally established that, while the location of a particular land use may be expressed in general terms, a property owner must be able to identify the General Plan Land Use Designation for his/her parcel from the land use diagram contained in the Land Use Element.
Among the important implementation mechanisms for the Land Use Element are Specific Plans and the Town Code. The California Government Code requires that the Town Code and zoning map be consistent with its General Plan Land Use Element and land use map, and that all provisions of Specific Plans adopted by the Town must be consistent with the General Plan that they implement.
C. Relationship of Land Use Element to other Elements and Plans Because the Land Use Element sets the framework of the General Plan, the Land Use Element relates directly to all goals and policies of the other Elements and unifies the General Plan by providing the overall policy context for the other Elements. The relationship of the Land Use Element to other elements and plans is described below.
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The Land Use Element addresses circulation by setting out, in its map and policies, the location and size of all roadways in the Town coordinated with the land uses the roads will serve. It also notes the planned capacities of all other infrastructure systemsthat will be necessary to protect the health and welfare of the Town’s citizens. The location, type, and density of residential units are key components of the Land Use Element. The Housing Element uses the density ranges specified in the Land Use Element to identify sites to meet the Town’s housing needs.
The mandates of the Safety Element are reflected in the designation and location of land use, the permitted activities within designated areas, and the patterns of land use that support defensible space, the Town’s contingency plan, and fire and other hazard mitigation.
The Land Use Element addresses buffers between noise sensitive uses and noise sources.
The Town conserves resources through policies for the wise use of land, water, and energy.
Air quality is improved by land use patterns that minimize vehicle travel within the Town.
The Conservation Element goals address protecting and enhancing the natural environment. Programs that retain natural features such as tree preservation, limited grading, and water conservation maintain the natural character of Los Gatos.
The Open Space Element refers to the location, character, and use of parks, recreational facilities, and preserved, unimproved land. Land use designations protect and preserve open spaces. The Land Use Element reflects the Town’s high priority for quality design.
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The Land Use and Community Design Elements preserve historical buildings and historic areas, limiting the size of houses, while careful de- sign of new infill developments protects the character of Los Gatos. California State law requires that all Specific Plans and zoning regulations be consistent with the General Plan. The Hillside Specific Plan, the North Forty Specific Plan, the Redevelopment Plan, and other plans that may be adopted as necessary will be consistent with this General Plan.
D. Existing Land Uses
This section contains qualitative and quantitative descriptions of existing land uses in the Town of Los Gatos and Los Gatos’s Sphere of Influence (SOI). “Existing land uses” refers to the existing built environment, regardless of the General Plan land use designation or zoning designation applied by the Town. This initial assessment is based on data from the Santa Clara County Office of the Assessor. Existing land uses are illustrated in Figure LU-1 and listed in Table LU-1.
1. Residential – Single Family
Approximately 3,183 acres of land in Los Gatos are dedicated to parcels that contain a single, detached residence and related structures. Single-family residential land use is located throughout the Town, with the exception of the public and open spaces in the southern area of the Town and along commercial corridors immediately adjacent to Los Gatos Boulevard and Santa Cruz Avenue. In the SOI, approximately 2,728 acres of land are dedicated to single-family residential land.
2. Residential – Multi-Family
This land use category refers to parcels that contain more than one housing unit. It includes duplexes, triplexes, fourplexes, condominiums, and apartment buildings. This residential land use totals approximately 407 acres in the Town. There is no multi-family housing in the SOI. Multi-family uses are largely clustered in and around the Highway 17 corridor, either between
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City of
Saratoga
City of
Campbell
·|}þ1 7
CURTNER AVENUE Town Boundary
Sphere of Influence
Water Body
Highway
Creek
City of
Monte Sereno
Vasona Lake
County Park
·|}þ8 5
LOS GATOS-ALMADEN ROAD
BLOSSOM HILL ROAD
City of
San Jose
Lexington
Reservoir
Unincorporated
Santa Clara County
0 0.5 1 Miles
Source: Santa Clara County Office of the Assessor, 2006; DC&E, 2008.
Existing Land Use
Single Family Residential
Multi-Family Residential
Commercial
Office/Professional
Light Industrial
Public Utilities
Public/Quasi-Public
Agricultural
Open Space/Recreation
Vacant
F I G U R E LU - 1
EX I S T I NG L A N D U SE
UNION AVENUE
HARWOOD ROAD
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TABLE LU-1 EXISTING LAND USES
Land Use Category
Number of
Acres
Percent
of Town
Acreage
Percent
of SOI
Acreage
Residential – Single Family 5,911 51.2% 51.9%
Residential – Multi-Family 407 6.5% 0%
Commercial 164 2.6% 0%
Office Professional 126 2% 0%
Light Industrial 37 0.6% 0%
Public/Quasi-Public 440 4.7% 2.8%
Public Utilities 39 0.5% 0.1%
Agricultural 112 1% 1%
Open Space/Recreation 3,841 26.2% 42.2%
Vacant 399 4.7% 2%
Total 11,476 100% 100%
Source: County of Santa Clara, Office of the Assessor, 2006.
Los Gatos Boulevard and Highway 17 or in the area south of Vasona Lake County Park. A significant pocket of multi-family housing is also located in the northwest corner of the Town, just south of the City of Campbell.
3. Commercial
Commercial land refers to parcels that contain either retail businesses—those offering specific products for sale—or businesses that provide day-to-day services such as grocery stores, restaurants, spas and salons, dry cleaners, and nurseries. There are approximately 164 acres of commercial uses in Los Gatos and 1 acre in the SOI. Most commercial parcels in Los Gatos are located along the Santa Cruz Avenue or Los Gatos Boulevard corridors.
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4. Office Professional
Office Professional land use refers to parcels that contain offices for medical, legal, insurance, consulting, and similar contracted services. Office and professional uses account for 125 acres in Los Gatos. Like commercial parcels, office professional parcels are concentrated along the Town’s primary commercial corridors. An additional cluster of office and professional uses is located near the Highway 17/85 interchange.
5. Light Industrial
The Light Industrial land use category refers to parcels used primarily for production, manufacturing, and research and development. Additional uses include self-storage and automobile service garages. There are approximately 37 acres of light industrial land uses in Los Gatos. Light industrial uses are concentrated in two small pockets, one just south of Highway 85 and east of Winchester Boulevard, and another along University Avenue, north of Blossom Hill Road.
6. Public/Quasi-Public
Public/Quasi-Public land uses include schools, libraries, police and fire stations, faith communities, and hospitals. These uses are distributed through- out Los Gatos, mostly in single parcels or small groups of parcels. Public/Quasi-Public land uses comprise approximately 291 acres of land in the Town and approximately 149 acres in the SOI.
7. Public Utilities
Public Utilities refer to uses related to communications and energy production and distribution. There are approximately 37 acres in the Town devoted to utilities divided between parcels scattered throughout Los Gatos. Many of these parcels are owned by San Jose Water Company and PG&E and are sites of communications infrastructure.
8. Agricultural
Agricultural land is used for raising and harvesting crops, breeding livestock, and/or housing equipment used for agricultural purposes. According to the Santa Clara County Assessor’s Office, about 64 acres of land scattered
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throughout Los Gatos, and approximately 48 acres in the SOI, are devoted to existing agricultural uses. One of the largest areas of agricultural land is the North Forty site, which contains orchard trees, including walnut and fruit trees. Wine grapes can be found in the Santa Cruz Mountains hillside areas.
The California Land Conservation Act of 1965, better known as the Williamson Act, works to preserve agricultural and open space lands through restrictive use contracts administered by counties and cities under State regulations. Private landowners voluntarily restrict their land to agricultural and compatible open space uses under minimum 10-year rolling term contracts, with counties and cities also acting voluntarily. In return, the property tax on a Williamson Act parcel is assessed at a rate consistent with its actual use, rather than potential market value.
Figure LU-2 shows the location of all Williamson Act lands and their designation as well as farmland not covered by the Williamson Act.
Approximately 136 acres of land within the Town limits and 358 acres of land within the SOI are designated Williamson Act land.1 Of these, only 3.85 acres are considered “prime agricultural lands” under the definition of the Land Conservation Act. All of these lands occur in the Town’s SOI. In addition to Williamson Act lands, approximately 32 acres of Unique Farmland are located within Town limits and 8 acres within the SOI. “Unique Farmland” is a designation ap- plied by the State Department of Conservation to land that is capable of producing specific high value crops. In Los Gatos, it is applied to the orchards on the North Forty site.
9. Open Space/Recreation
Open Space/Recreation refers to indoor and outdoor recreational facilities, including public open spaces such as regional parks, community centers, 1 This number is higher than the number of acres in existing Agricultural use because Williamson Act include parcels that are classified by the Assessor as Agriculture, Open Space, and Single Family Residential. Single Family Residential may be considered an acceptable classification by the Assessor since Williamson Act contracts may include provisions for a limited number of dwelling units on the property.
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City of
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CURTNER AVENUE Town Boundary
Sphere of Influence
Water Body
Creek
City of
Saratoga ·|}þ1 7
City of
Monte Sereno
Vasona Lake
County Park
·|}þ8 5
LOS GATOS-ALMADEN ROAD
BLOSSOM HILL ROAD
City of
San Jose
Lexington
Reservoir
Unincorporated
Santa Clara County
0 0.5 1 Miles
Source: State of California Department of Conservation 2006.
Williamson Act Lands
Prime Agricultural Land
Non-Prime Agricultural Land
Non-Prime/Non-Renewal Agricultural Land
State Farmland Designation
Unique Farmland
UNION AVENUE
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playgrounds and neighborhood parks, country clubs, and natural open spaces.
After Residential – Single Family land use, Open Space/Recreation comprises the second highest percentage of total land in Los Gatos. There are approximately 1,624 acres of open space in the Town and approximately 2,218 acres in the SOI. Much of this acreage is contained in four large facilities: St.
Joseph’s Hill and Sierra Azul Open Space to the south of Los Gatos, and Vasona Lake County Park and La Rinconada Country Club to the north.
10. Vacant
Approximately 292 acres within the Town are vacant parcels of varying sizes that are scattered throughout the Town. Most of the vacant acreage in Los Gatos is located in the single-family residential area on the eastern side of the Town. Parcels here are generally larger than they are elsewhere in Los Gatos, and a number of significantly sized parcels are vacant. Generally, vacancies are more common in residential areas of Los Gatos than in commercial areas, although a few small, isolated commercial vacancies exist. Additionally, the SOI contains approximately 107 acres of vacant property.
E. General Plan Land Use Designations
The Land Use Element is the basis for physical development in Los Gatos. The land use map and designations identify the general location, density, and extent of land available for residential and non-residential uses. Land use designations do not necessarily reflect the existing land use of each parcel. Figure LU-3 presents a map of the land use designations in Los Gatos. Each land use designation is listed and described below.
1. Residential Land Use Designations
This section provides a brief description of each residential land use designation and the desirable range of density for each designation.
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City of
Saratoga
City of
Campbell
·|}þ1 7
CURTNER AVENUE Town Boundary
Sphere of Influence
Water Body
Highway
Creek
City of
Monte Sereno
Vasona Lake
County Park
·|}þ8 5
LOS GATOS-ALMADEN ROAD
BLOSSOM HILL ROAD
City of
San Jose
Lexington
Reservoir
Unincorporated
Santa Clara County
0 0.5 1 Miles
Source: Town of Los Gatos, 2008; Santa Clara County Office of the Assessor, 2008.
General Plan Land Use
Hillside Residential
Low Density Residential
Medium Density Residential
High Density Residential
Mixed-Use Commercial
Central Business District
Neighborhood Commercial
Service Commercial
Office Professional
Light Industrial
Public
Agriculture
Open Space
North Forty Specific Plan Overlay
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PLAN LAND USE
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a. Hillside Residential: 0-1 dwelling units per net acre Up to 3.5 persons per acre
The Hillside Residential designation provides for very low density, rural, large lot or cluster, single-family residential development. This designation allows for development that is compatible with the unique mountainous terrain and vegetation of parts of Los Gatos.
b. Low Density Residential: 0-5 dwelling units per net acre Up to 17.5 persons per acre
The Low Density Residential designation provides for single-family residential properties located on generally level terrain. It encourages single-family residential development in either the standard development established by traditional zoning or by innovative forms obtained through planned development.
c. Medium Density Residential: 5-12 dwelling units per net acre Up to 24 persons per acre
The Medium Density Residential designation provides for multiple-family residential, duplex, and/or small single-family homes.
d. High Density Residential: 12-20 dwellings per net acre Up to 40 persons per acre
The High Density Residential designation provides for more intensive multifamily residential development. Its objective is to provide quality housing in close proximity to transit or a business area.
e. Mobile Home Park: 5-12 dwellings per net acre
Up to 24 persons per acre
The Mobile Home Park designation provides for mobile home parks. The intent is to provide and preserve Mobile Home Parks as a source of affordable housing. This designation is described in this Element; however, it is not represented on the accompanying General Plan Land Use Map.
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2. Non-Residential Land Use Designations
For non-residential land uses, the specific uses mentioned are illustrative, and other compatible uses, including those authorized in any other Zoning District within the Town, may be permitted where authorized by a Conditional Use Permit or Planned Development Overlay Zone. In a mixed-use project residential uses may be permitted in conjunction with other permitted uses in non-residential Zoning Districts with the exception of the Commercial Indus- trial and Controlled Manufacturing Zoning Districts. For non-residential land uses, building intensity limits are indicated by either allowable land coverage or floor area ratio(FAR) and a maximum height limit.
a. Office Professional: Up to 50 percent land coverage with a 35-foot height limit The Office Professional designation provides for professional and general business offices. This designation applies to various locations throughout the Town, often in close proximity to neighborhood- or community-oriented commercial facilities, or as a buffer between commercial and residential uses. The intent of this designation is to satisfy the community’s need for general business and professional services and local employment.
b. Central Business District: 0.6 FAR with a 45-foot height limit The Central Business District designation applies exclusively to the down- town and accomplishes the following:
Encourages a mixture of community-oriented commercial goods, services and lodging unique in its accommodation of small-town style merchants and maintenance of small-town character.
Maintains and expands landscaped open spaces and mature tree growth without increasing setbacks.
Integrates new construction with existing structures of historical or architectural significance and emphasizes the importance of the pedestrian. c. Mixed-Use Commercial: Up to 50 percent land coverage with a 35-foot height limit The Mixed-Use Commercial designation permits a mixture of retail, office, and residential in a mixed-use project, along with lodging, service, autorelated businesses, non-manufacturing industrial uses, recreational uses, restaurants, and 100 percent affordable residential developments. Projects developed under this designation shall maintain the small- town, residential
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scale and natural environments of adjacent residential neighborhoods, as well as provide prime orientation to arterial street frontages and proper transitions and buffers to adjacent residential properties. This designation should never be interpreted to allow development of independent commercial facilities with principal frontage on the side streets.
d. Neighborhood Commercial: Up to 50 percent land coverage with a 35- foot height limit
The Neighborhood Commercial designation provides for necessary day-today commercial goods and services required by the residents of the adjacent neighborhoods. This designation encourages concentrated and coordinated commercial development at easily accessible locations.
e. Service Commercial: Up to 50 percent land coverage with a 35-foot height limit
The Service Commercial designation provides for service businesses necessary for the conduct of households or businesses. These include auto repair, building materials sales, paint suppliers, janitorial services, towing businesses, contractors offices and yards, launderers and dry cleaners, as well as wholesaling and warehousing activities.
f. Light Industrial: Up to 50 percent land coverage with a 35-foot height limit
The Light Industrial designation provides for large-scale office developments and well-controlled research and development, industrial-park-type and ser- viceoriented uses subject to rigid development standards. These uses should respond to community or region-wide needs.
g. Public
The Public designation identifies public facilities in the Town such as the Civic Center, courthouse, schools, parks, libraries, hospitals, churches, and fire stations.
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h. Agriculture
The Agricultural designation identifies areas for commercial agricultural crop production.
i. Open Space
The Open Space designation identifies the location of public parks, open space preserves, private preserves, and stream corridors.
F. Special Planning Areas
Development in Los Gatos can be targeted to achieve a more specific outcome by designating specific overlay zones and special planning areas. These areas have more detailed development guidelines that remain consistent with existing policies. Los Gatos has three overlay zones that implement land use policies through the Town Code, five Historic Districts, three Specific Plans, and one Redevelopment Project Area.
1. Overlay Zones
There are three overlay zones in the Town Code, the Landmark and Historic Preservation, Planned Development, and Public School Overlay Zones. Landmark and Historic Preservation (LHP) Overlay Zone. This zone is designated by Town Council and is applied to individual sites and structures or small areas deemed of architectural and/or historical significance. The structure(s) in LHP overlays are subject to special standards regarding their appearance, use, and maintenance.
Planned Development (PD) Overlay Zone. The PD overlay zone is intended to ensure orderly planning and quality design that will be in harmony with the existing or potential development of the surrounding neighborhood. The Planned Development Overlay is a specially tailored development plan and ordinance which designates the zoning regulations for the accompanying project, sets specific development standards, and ensures that zoning and the General Plan are consistent. Commercial,
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residential or industrial property or a mixture of these uses may be considered for a Planned Development Overlay.
Public School (PS) Overlay Zone. The PS overlay zone is intended to allow school buildings to be used, without extensive exterior modifications, in ways which will make it unnecessary to sell school facilities. The overlay permits a variety of community-related and education- related uses, including, but not limited to, museums, community centers, playgrounds, and nursery schools. Any land owned by a public school district (regardless of underlying zone) may be zoned PS.
Housing Element Overlay Zone (HEOZ). The HEOZ is intended to increase the supply and the mix of housing types, tenure, and affordability within the Town of Los Gatos. Through appropriate densities, the housing element overlay zone encourages the development of housing affordable to all income levels as described in the 2023-2031 Housing Element Sites Inventory to comply with the Town’s Regional Housing Needs Allocation (RHNA) for the sixth cycle Planning period and listed in Table LU-2.
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TABLE LU-2 HEOZ Development Standards
Designation Standards
Low Density Residential Density: 0 – 5 du/ac
Lot Coverage: Up to 50%
Max. Height: 30 feet
Medium Density Residential Density: 14 – 22 du/ac
Density in Very High Fire Hazard
Severity Zones: 5 – 12 du/ac
Lot Coverage: Up to 75%
Max. Height: 35 feet
High Density Residential Density: 30 – 40 du/ac
Lot Coverage: Up to 75%
Max. Height: 45 feet
Mixed-Use Density: 30 – 40 du/ac
FAR: Up to 3.0
Max. Height: 45 feet
Neighborhood Commercial Density: 10 – 20 du/ac
FAR: Up to 1.0
Max. Height: 35 feet
Central Business District Density: 20 – 30 du/ac
FAR: Up to 2.0
Max. Height: 45 feet
North Forty Specific Plan Density: 30 – 40 du/ac
FAR: As defined in Specific Plan
Max. Height: As defined in Specific Plan
Office Professional Density: 10 – 20 du/ac
FAR: Up to 1.0
Max. Height: 35 feet
Service Commercial Density: none
FAR: Up to 1.0
Max. Height: 35 feet
Light Industrial Density: none
FAR: Up to 1.0
Max. Height: 35 feet
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2. Historic Districts
The Town has established five historic districts to preserve neighborhoods deemed significant to the history of Los Gatos.
Almond Grove Historic District. An approximately 40-acre area that constitutes the largest subdivision following incorporation of the Town of Los Gatos. This District was established by ordinance in 1980. Broadway Historic District. An approximately 100-acre area that is the site of the first residential subdivision and first residential street in the Town of Los Gatos. This District was established by ordinance in 1985. Los Gatos Historic Commercial District. Bounded by Elm Street to the north, Main Street to the south, Los Gatos Creek to the east, and North Santa Cruz Avenue to the west. The Town’s only concentration of intact historic commercial buildings. It was established by ordinance in 1991.
Fairview Plaza Historic District. Limited to the cul-de-sac termination of Fairview Plaza, part of an historic subdivision originally surveyed in 1885 known as the “Fairview Addition.” The District retains the same configuration as originally mapped and contains a rare collection of Victorian and Craftsman homes, unique in their compact scale and proximity to one another. This District was established by ordinance in 1992. University/Edelen Historic District. Bounded by Saratoga Avenue to the north, Main Street to the south, Los Gatos Creek to the east, and the former Southern Pacific Railroad right-of-way to the west. The District is composed of five subdivisions that predate 1900 and contain a number of residential and commercial structures of mixed architectural styles. This District was established by ordinance in 1991. All of Los Gatos’s historic districts are defined by structures that contribute to the District. In every District, the transformation of these structures is tightly regulated.
Demolition of contributing structures is strictly prohibited. In addition, all restoration, rehabilitation, and new construction of principal units must adhere to a series of guidelines for preserving architectural heritage and conforming to existing style. Any modifications to the original design are either restricted or prohibited.
ITEM NO. 10.
T O W N O F L O S G A T O S
2020 G E N E R A L P L A N
L A N D U S E E L E M E N T
LU-20
3. Overlay Designation
The North Forty Specific Plan Overlay is applied to the approximately 40-acre property bounded by Los Gatos Boulevard to the east, Highway 17 to the west, Lark Avenue to the south, and Highway 85 to the North. This Overlay requires the preparation and adoption of a specific plan that will determine the mix of uses, dimensional standards, architectural standards, phasing, and infrastructure to support the development of the property prior to approval of any entitlements. Drawing on the draft North Forty Specific Plan prepared in 1999, the General Plan overlay designation is intended to help guide the future development of this property. The 2020 General Plan Environmental Impact Report assumed a maximum capacity of 750 mixed residential units and 580,000 square feet of retail and offices uses for the purposes of assessing environmental impacts associated with the development of the property. While this is the maximum development capacity under this General Plan, the specific plan may be approved with lower densities and square footage of residential and commercial uses, respectively. The North Forty Specific Pan will be based on the following general guidelines:
Include a mixture of uses that will complement the Downtown and the rest of the community.
Be based on sustainable and “smart” development practices.
ITEM NO. 10.
T O W N O F L O S G A T O S
2 0 2 0 G E N E R A L P L A N
L A N D U S E E L E M E N T
LU-21
Include public gathering spaces such as a plaza and park. Provide for a variety of residential housing types, both rental- and owneroccupied. A minimum of 20 percent of the units shall be affordable to households at the moderate income level or below.
Include high-quality architecture and design that reflects the rural and agricultural history of the site.
Provide pedestrian-oriented buildings along the Los Gatos Boulevard frontage, with minimal parking oriented to the street.
Take advantage of the grade change across the site.
Continue the “boulevard treatment” along Los Gatos Boulevard, with interconnections from one parcel’s drive aisle to the next. Include connections to existing intersections along Los Gatos Boulevard and Lark Avenue.
Develop gateway or landmark features at Los Gatos Boulevard and Lark Avenue and at Los Gatos Boulevard and the Highway 85 off-ramp. Provide an easily accessible, fully connected street network that encourages walking.
Provide a vegetative buffer and screening along Highways 17 and 85. Preserve Town character and views.
4. Other Plans
The Hillside Specific Plan and Los Gatos Boulevard Plan areas are each developed according to separate land use goals and in different areas of the Town. In addition to these approved Specific Plans, the Town will be developing a North Forty Specific Plan.
a. Hillside Specific Plan
The Hillside Specific Plan establishes land use policy for the Hillside Study Area, an area of mountainous terrain in the southeastern portion of the Town designated for Hillside Residential development. Adopted by Town Council in 1978, the Specific Plan establishes a series of policies and standards related
ITEM NO. 10.
T O W N O F L O S G A T O S
2 0 2 0 G E N E R A L P L A N
L A N D U S E E L E M E N T
LU-22
to land use, facilities, services, circulation, fire protection, safety, and open space.
These policies and standards are intended to prevent deficiencies in access to water and sewer services, ensure conservation of the sensitive natural environment, and address differences in Town and County land use regulations.
Development in the Hillside Specific Plan area is prohibited outside of designated “least restrictive development areas” (LRDAs) unless it is compliant with conditions established in the Plan.
b. Los Gatos Boulevard Plan
Adopted by Town Council in 1997, the Los Gatos Boulevard Specific Plan is a policy framework for meeting a series of short, medium, and long range goals related to the commercial revitalization of Los Gatos Boulevard. This Specific Plan is based on a land use concept for which higher density, mixeduse commercial development in the north of the Specific Plan area transitions into residential and community clusters, and then into existing residential neighborhoods just south of the Specific Plan area. This Specific Plan contains policies and design standards targeting safe, attractive public improvements; pedestrian-oriented activity nodes; vital, commercial land use; distinct gateways, and site-appropriate private improvements. c. Central Los Gatos Redevelopment Project
The Central Los Gatos Redevelopment Project, which focuses on an area located around Downtown Los Gatos, contains a mix of residential and non- residential land use designations. The Town of Los Gatos Redevelopment Agency has the authority to facilitate property acquisition and management, construction of public improvements, structural rehabilitation, and site assembly within the Project Area. The project was adopted in 1991, following the 1989 Loma Prieta earthquake. The main objectives of the project are to eliminate blight, assemble land parcels for improved development, strengthen the economic base of downtown, and improve undeveloped and underutilized areas.
ITEM NO. 10.
T O W N O F L O S G A T O S
2 0 2 0 G E N E R A L P L A N
L A N D U S E E L E M E N T
LU-23
G. Goals, Policies, and Actions
The following goals, policies, and actions guide future physical development throughout Los Gatos.
Policy LU-1.1 Encourage developers to engage in discussions as early as possible regarding the nature and scope of the project and possible impacts and mitigation requirements.
Policy LU-1.2 Ensure that new development preserves and promotes existing commercial centers consistent with the maintenance of a small-scale, small-town atmosphere and image.
Policy LU-1.3 To preserve existing trees, natural vegetation, natural topography, riparian corridors and wildlife habitats,
and promote high quality, well-designed, environmentally sensitive, and diverse landscaping in new and existing
developments.
Policy LU-1.4 Infill projects shall be designed in context with the neighborhood and surrounding zoning with respect to the existing scale and character of surrounding structures, and should blend rather than compete with the established
character of the area.
Policy LU-1.5 Encourage private/public funding, development, and operation of cultural amenities, activities, and centers consistent with the small-town character of Los Gatos.
Goal LU-1 To preserve, promote, and protect the existing small-town character and quality of life within Los
Gatos.
ITEM NO. 10.
T O W N O F L O S G A T O S
2 0 2 0 G E N E R A L P L A N
L A N D U S E E L E M E N T
LU-24
Policy LU-1.6 Recognizing that our ability to preserve our small-town character is somewhat dependent on decisions in surrounding communities, continue and expand Town participation in planning processes in neighboring
jurisdictions and regional bodies in order to develop
innovative, effective, and coordinated land use,
transportation, and hillside development plans and
standards that will help preserve our small-town character.
Policy LU-1.7 Use task forces, ad hoc committees and other means as appropriate to involve residential and commercial interests in Town matters.
Policy LU-1.8 Commercial development of any type (office, retail, research and development, etc.) shall be designed in keeping with the small-town character of Los Gatos.
Policies
Policy LU-2.1 Minimize vehicle miles traveled for goods and services by allowing and encouraging stores that provide these goods within walking distance of neighborhoods in Los Gatos.
Policy LU-2.2 Promote telecommuting and home-based businesses by allowing live-work and work-live uses in existing and future residential development.
Goal LU-2 To maintain a balanced, economically stable community within environmental goals.
Goal LU-3 To coordinate with surrounding jurisdictions and other local and regional agencies that may affect Los
Gatos’s future development patterns and character.
ITEM NO. 10.
T O W N O F L O S G A T O S
2 0 2 0 G E N E R A L P L A N
L A N D U S E E L E M E N T
LU-25
Policies
Policy LU-3.1 Cooperate with the County of Santa Clara to encourage the annexation of unincorporated islands into the Town.
The Town will not require the installation of curbs,
gutters, sidewalks, or street lights as a condition of
annexation nor will these improvements be imposed on
annexed areas unless the residents of the area request such improvements and are willing to participate in the cost of such improvements. This does not prevent the Town
from requiring such improvements as a condition of
approval of any zoning or subdivision approval if such
conditions are normally made on those items and the
improvements would be in keeping with the
neighborhood.
Policy LU-3.2 Work with Santa Clara County to ensure that projects developed in the County meet Town policies and standards, do not induce further development, and do not un- duly
burden the Town.
Policies
Policy LU-4.1 Integrate planning for the North Forty area, Los Gatos Boulevard, Vasona Light Rail area, and Downtown so that development in each area takes into consideration the Town as a whole.
Policy LU-4.2 Allow development only with adequate physical infrastructure (e.g. transportation, sewers, utilities, etc.) and social services (e.g. education, public safety, etc.).
Goal LU-4 To provide for well-planned, careful growth that reflects the Town’s existing character and
infrastructure.
ture.
ITEM NO. 10.
T O W N O F L O S G A T O S
2 0 2 0 G E N E R A L P L A N
L A N D U S E E L E M E N T
LU-26
Policy LU-4.3 Only approve projects for which public costs can be justified by the overall benefit to the community.
Policy LU-4.4 Project applicants shall evaluate and provide appropriate mitigation measures to reduce impacts on urban services including schools, utilities, police, and fire.
Policy LU-4.5 Discourage corridor lots. Corridor lots shall only be allowed if the use of a corridor lot decreases the amount of public street required for the subdivision, contributes to the surrounding neighborhood, and is in context with the existing scale and established character of the neighborhood. The subdivider shall also demonstrate that the use of a corridor lot benefits surrounding properties.
Policy
Policy LU-5.1 Use task forces, ad hoc committees, and other means as appropriate to involve residential and commercial interests in Town matters.
Action
Action LU-5.1 Utilize traditional communication tools and new media and technology to provide clear and current information on Town processes and decisions and to encourage public participation in Town government.
Goal LU-5 To encourage public involvement in Town planning processes.
Goal LU-6 To preserve and enhance the existing character and sense of place in residential neighborhoods.
ITEM NO. 10.
T O W N O F L O S G A T O S
2 0 2 0 G E N E R A L P L A N
L A N D U S E E L E M E N T
LU-27
Policies
Policy LU-6.1 Protect existing residential areas from the impacts of nonresidential development.
Policy LU-6.2 Allow non-residential activity in residential areas only when the character and quality of the neighborhood can
be maintained.
Policy LU-6.3 Protect existing residential areas from adjacent nonresidential uses by assuring that buffers are developed and maintained.
Policy LU-6.4 Prohibit uses that may lead to the deterioration of residential neighborhoods, or adversely impact the public safety or the residential character of a residential neighborhood.
Policy LU-6.5 The type, density, and intensity of new land use shall be consistent with that of the immediate neighborhood.
Policy LU-6.6 In order to reduce landfill, conserve resources, and preserve neighborhood character, demolitions shall be discouraged in established residential neighborhoods and applicants shall submit structural reports to determine whether the demolition of any principal structure is justified.
If allowed, the replacement house should be similar in size and scale to other homes in the neighborhood and maintain the neighborhood character.
Policy LU-6.7 Continue to encourage a variety of housing types and sizes that is balanced throughout the Town and within
neighborhoods, and that is also compatible with the character of the surrounding neighborhood.
Policy LU-6.8 New construction, remodels, and additions shall be compatible and blend with the existing neighborhood.
ITEM NO. 10.
T O W N O F L O S G A T O S
2 0 2 0 G E N E R A L P L A N
L A N D U S E E L E M E N T
LU-28
Policy LU-6.9 The Housing Element assumes that sites designated medium and high density residential will be developed at the upper end of the density range. If the Town approves a
development at a lower density on one of these sites, staff shall identify one or more other sites to maintain the Town’s capacity to meet its housing needs as identified in the Housing Element, subject to neighborhood compatibility
and mitigation of traffic impacts.
Policy LU-6.10 Require applicants to submit letters of justification to show how new residential development contributes to the balance of types and sizes of housing available in Los Gatos.
Actions
Action LU-6.1 Develop standards for traffic, noise, intensity, and overall size for non-residential uses in residential zones.
Action LU-6.2 The conditional use permit approvals for non-residential uses in residential zones shall be reviewed by the Planning Commission on an as-needed basis for any adverse im- pacts, nuisances, or any required modifications.
Policies
Policy LU-7.1 Allow redevelopment of unused school sites commensurate with the surrounding residential
neighborhood and availability of services.
Goal LU-7 To use available land efficiently by encouraging appropriate infill development.
ITEM NO. 10.
T O W N O F L O S G A T O S
2 0 2 0 G E N E R A L P L A N
L A N D U S E E L E M E N T
LU-29
Policy LU-7.2 To ensure compatibility with surrounding neighborhoods, infill projects shall demonstrate that the development meets the criteria contained in the Development Policy for In-Fill Projects and the deciding body shall make findings consistent with this policy.
Policy LU-7.3 Infill projects shall contribute to the further development of the surrounding neighborhood (e.g. improve circulation, contribute to or provide neighborhood unity, eliminate a blighted area) and shall not detract from the existing quality of life.
Policy LU-7.4 Infill projects shall be designed in context with the neighborhood and surrounding zoning with respect to the existing scale and character of surrounding structures, and should blend rather than compete with the established
character of the area.
Policies
Policy LU-8.1 Maintain a Code Compliance function to effectively enforce the land use regulations in the Town Code.
Policy LU-8.2 Town staff shall identify major violations (illegal units, sign violations, illegal uses, tree removals, grading
violations, etc.) without waiting for public complaint.
Town staff shall act on minor violations (illegally parked cars, boats, trailers and campers, etc.) based on public com- plaints. Additional violations that may be observed during investigation of a complaint shall also be acted on.
Goal LU-8 To uphold and enforce adopted land use regulations.
ITEM NO. 10.
T O W N O F L O S G A T O S
2 0 2 0 G E N E R A L P L A N
L A N D U S E E L E M E N T
LU-30
Policies
Policy LU-9.1 Ensure that new development preserves and promotes existing commercial centers consistent with the maintenance of a small-scale, small-town atmosphere and image.
Policy LU-9.2 Maintain a variety of commercial uses, including a strong Downtown commercial area combined with Los Gatos
Boulevard and strong neighborhood commercial centers to meet the shopping needs of residents and to preserve the small-town atmosphere.
Policy LU-9.3 Encourage a mix of retail and office uses in commercial areas, except in the Central Business District designation, where retail should be emphasized and office should be
limited to upper floors and other areas as defined by the Town Code.
Policy LU-9.4 Encourage existing light industry and service commercial uses to remain or be replaced with similar uses.
Policy LU-9.5 Encourage the development and retention of locally owned stores and shops.
Policy LU-9.6 Encourage development that maintains and expands residentoriented services and/or creates employment opportunities for local residents consistent with overall land use policies of the Town.
Policy LU-9.7 “Broadening the tax base” shall never be the sole reason for allowing new commercial development or approving a
change in a commercial land use.
Goal LU-9 To provide residents with adequate commercial and industrial services.
ITEM NO. 10.
T O W N O F L O S G A T O S
2 0 2 0 G E N E R A L P L A N
L A N D U S E E L E M E N T
LU-31
Policy LU-9.8 Retail sales tax “leakage” should be kept to a minimum by providing in-town convenience and comparative shopping
opportunities.
Policy LU-9.9 Buffers shall be required as conditions of approval for nonresidential projects that are adjacent to residential areas and may consist of landscaping, sound barriers, building setbacks, or open space.
Policy LU-9.10 Prohibit new commercial or industrial zoning adjacent to school sites and carefully consider the impacts of new
school sites in industrial and commercial land use
designations.
Action
Action LU-9.1 The Town should identify those businesses that are needed in the Town and actively recruit those businesses.
Policies
Policy LU-10.1 Encourage the development and retention of small businesses and independent stores and shops Downtown
that are consistent with small-town character and scale.
Policy LU-10.2 Recognize and encourage the different functions, land use patterns, and use mixes of the various commercial areas within the Downtown. These include:
a. The pedestrian scale and orientation of the Central
Business District.
Goal LU-10 To preserve Downtown Los Gatos as the historic center of the Town, with goods and services for local
residents, while maintaining the existing Town
identity, environment, and commercial viability.
ITEM NO. 10.
T O W N O F L O S G A T O S
2 0 2 0 G E N E R A L P L A N
L A N D U S E E L E M E N T
LU-32
b. The neighborhood-serving commercial land use pattern of areas north of Saratoga Avenue to Blossom Hill Road.
c. The mixed use commercial activities along Santa
Cruz Avenue and the service commercial activities
along University Avenue between Andrews Street
and Blossom Hill Road.
Policy LU-10.3 Establish and maintain strong boundaries between the Central Business District designation and adjacent residential neighborhoods.
Policy LU-10.4 Encourage mixed usesto increase residential opportunities in commercial zones Downtown, taking into
consideration potential impacts to loss of commercial
opportunities.
Policies
Policy LU-11.1 Zoning shall be changed as part of development applications to provide consistency with the Vasona Light Rail Element and other elements of this General Plan and with any future specific plan prepared for this area.
Policy LU-11.2 The Town shall encourage uses that serve Town residents.
These include, but are not limited to, open space, playfields, office, retail, and other commercial uses.
Residential uses may be permitted as part of mixed-use
development and only with acceptable mitigation of
adverse noise, air quality, and other environmental
hazards.
Goal LU-11 To plan for development of a variety of uses in the North Forty area in a coordinated and comprehensive way.
ITEM NO. 10.
T O W N O F L O S G A T O S
2 0 2 0 G E N E R A L P L A N
L A N D U S E E L E M E N T
LU-33
Policy LU-11.3 Provide coordinated infrastructure in the North Forty area.
Policy LU-11.4 Include a variety of regional destination and local-serving commercial uses in the North Forty area, following a logical land use pattern that takes advantage of the site opportunities while protecting adjacent uses.
Policy LU-11.5 Avoid negative effects on the long-term development potential of the area surrounding the North Forty area.
Policy LU-11.6 Incorporate multi-modal links from the North Forty area to the Vasona Light Rail station into the North Forty Specific Plan.
Action
Action LU-11.1 Prepare and adopt a specific plan for the North Forty area prior to development of the site.
Policies
Policy LU-12.1 Encourage redevelopment and assemblage of parcels that have experienced a high vacancy rate over a prolonged period of time, possibly including appropriate and compatible rezoning.
Policy LU-12.2 Encourage a mix of uses along Los Gatos Boulevard, in- cluding, where appropriate, mixed-use parcels that are
compatible with surrounding uses.
Goal LU-12 To ensure an appropriate mix of land use types along Los Gatos Boulevard in order to maintain the
economic vitality of the corridor and continue to
serve the needs of Town residents.
ITEM NO. 10.
T O W N O F L O S G A T O S
2 0 2 0 G E N E R A L P L A N
L A N D U S E E L E M E N T
LU-34
Policy LU-12.3 New landscaping, streetscape improvements and new development along Los Gatos Boulevard shall incorporate pedestrian amenities, scale, and design.
Policy LU-12.4 Encourage mixed uses to increase residential opportunities in commercial zones.
Policy LU-12.5 Retain and enhance auto dealerships.
Policy LU-12.6 Neighborhood commercial, multi-family residential, and office uses shall be concentrated south of Los Gatos–
Almaden Road.
Policy LU-12.7 New and relocating auto-related businesses shall be located north of Los Gatos–Almaden Road, adjacent to existing auto dealerships, or on a vacant site previously used for permitted auto sales.
Policy LU-12.8 Uses on Los Gatos Boulevard south of Roberts Road shall be residential or office; existing non-residential uses shall not be intensified; and existing vacant property and
residential uses shall be developed as Single Family
Residential.
Policy LU-12.9 Encourage replacement of vacated business south of Los Gatos–Almaden Road and north of Roberts Road/Shannon
Road with neighborhood commercial, multi-family, or office uses.
ITEM NO. 10.
T O W N O F L O S G A T O S
2 0 2 0 G E N E R A L P L A N
L A N D U S E E L E M E N T
LU-35
Policies
Policy LU-13.1 Development shall transition from higher intensity uses at the north end of Los Gatos Boulevard to existing residential uses at the south end of Los Gatos Boulevard.
Policy LU-13.2 Commercial activity along Los Gatos Boulevard shall complement the whole Town and shall provide a depend-
able source of income, employment opportunities, goods, and services.
Policy LU-13.3 New projects along Los Gatos Boulevard shall incorporate a family and resident orientation.
Policy LU-13.4 New development along Los Gatos Boulevard shall be designed to minimize adverse impacts on adjacent residential areas.
Policy LU-13.5 Establish and maintain appropriate boundaries between the commercial uses along Los Gatos Boulevard and adjacent residential neighborhoods.
Policy LU-13.6 Provide more pedestrian/bike areas and links to adjacent residential areas to foster neighborhood use of commercial centers.
Policy LU-13.7 Allow auto dealers and other commercial property owners and merchants to conduct occasional promotional sales
activities with a “festival” atmosphere with appropriate restrictions to reduce traffic congestion and impacts on neighboring commercial and residential uses.
Goal LU-13 To promote appropriate and compatible development along Los Gatos Boulevard that complements the whole Town and serves residents and families.
ITEM NO. 10.
LU-36
Actions
Action LU-13.1 Work with existing auto dealers and other commercial property owners and merchants to develop an appropriate commercial image specifically for Los Gatos Boulevard.
Action LU-13.2 Use the adopted Los Gatos Boulevard Plan and Commercial Design Guidelines to review development
proposals and exterior improvements to existing buildings.
ITEM NO. 10.
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 ADDING 100 PERCENT AFFORDABLE HOUSING PROJECTS AS A PERMITTED USE IN
THE RESTRICTED COMMERCIAL HIGHWAY (CH) ZONE PURSUANT TO IMPLEMENTATION PROGRAM AB 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 100 percent affordable housing projects; and
WHEREAS, the Planning Commission held a duly noticed public hearing on April 9, 2025, at which time the Commission considered the public testimony, the Staff Report prepared for that meeting, and all other documentation related to the Town Code amendment, and forwarded a recommendation of approval to the Town Council; and
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 (a) of Section 29.60.420, “Permitted uses,” of Chapter 29, “Zoning Regulations,” is amended to read as follows:
(a) Activities allowed in the CH or restricted highway commercial zone are those which do not unreasonably interfere with nearby residential uses and which are in the following categories:
(1) Retailing, including formula retail up to ten thousand (10,000) square feet.
ATTACHMENT 2
ITEM NO. 10.
Draft Ordinance Adoption Date
(2) Personal service businesses and service businesses necessary for the conduct of households.
(3) Office activities.
(4) Limited manufacturing activities when a majority of sales are made on site to the ultimate consumer.
(5) Group classes.
(6) Specialty food retail without alcoholic beverages.
(7) 100 percent affordable residential developments.
SECTION III. 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 IV. California Environmental Quality Act (CEQA).
The Town Council finds that the proposed amendments are not a project under CEQA pursuant to Section 21065 of the Public Resources Code and Section 15378 of the State CEQA Guidelines; are exempt from CEQA pursuant to 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that the action will not have a significant adverse impact on the environment; any future 100 percent affordable residential developments that include new construction under a discretionary process would be subject to project specific environmental review under CEQA.
SECTION V. 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 VI. Effective Date.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
ITEM NO. 10.
Draft Ordinance Adoption Date
Los Gatos on the 6
th day of May 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:
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
ITEM NO. 10.
10. Housing Element
June 4, 2024 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
ATTACHMENT 3
ITEM NO. 10.
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: 04/09/2025
ITEM NO: 4
DATE: April 4, 2025
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider Making a Recommendation to the Town Council to Adopt a Resolution to Amend the General Plan to Allow 100 Percent Affordable Housing Residential Developments as a Permitted Use in the Mixed-Use Commercial General Plan Land Use Designation and Adopt an Ordinance to Amend Chapter 29 (Zoning Regulations) of the Town Code to Add 100 Percent Affordable Residential Developments as a Permitted Use in the Restricted Commercial Highway (CH) Zone, Pursuant to Implementation Program AB of the 2023-2031 Housing Element. Adoption of this Resolution and Ordinance are Exempt Pursuant to CEQA, Section 15061(b)(3) in that it Can be Seen with Certainty that they Will Not Impact the Environment.
General Plan Amendment Application GP-24-004 and Zoning Code Amendment Application A-24-010. Project Location: Town Wide. Applicant:
Town of Los Gatos.
RECOMMENDATION:
Forward a recommendation to the Town Council to adopt a Resolution to amend the General Plan to allow 100 percent affordable residential developments as a permitted use in the MixedUse Commercial General Plan Land Use Designation and adopt an Ordinance to amend Chapter 29 (Zoning Regulations) of the Town Code to add 100 percent affordable residential developments as a permitted use in the Restricted Commercial Highway (CH) zone, pursuant to Implementation Program AB of the 2023-2031 Housing Element.
CEQA:
The proposed amendments to the General Plan and Chapter 29 of the Town Code are not subject to the California Environmental Quality Act ("CEQA") because the amendment being proposed are not a project under CEQA pursuant to Section 21065 of the Public Resources Code and Section 15378 of the State CEQA Guidelines. Additionally, the proposed amendments are exempt from CEQA pursuant to 15061(b)(3) of the CEQA Guidelines because it can be seen with
ITEM NO. 10.
PAGE 2 of 7
SUBJECT: 100 Percent Affordable Housing Developments General Plan and Zoning Code Amendments, Implementation Program AB/GP-24-004 and A-24-010 DATE: April 4, 2025
certainty that the action will not have a significant adverse impact on the environment since the proposed amendments to allow 100 percent affordable residential development as a permitted use would occur on lands currently designated and zoned to allow a residential use in a mixed-use development. Finally, any future 100 percent affordable residential developments that include new construction under a discretionary process would be subject to project specific environmental review under CEQA.
FINDINGS:
The proposed amendments are not a project under CEQA pursuant to Section 21065 of the Public Resources Code and Section 15378 of the State CEQA Guidelines; are exempt from CEQA pursuant to 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that the action will not have a significant adverse impact on the environment; any future 100 percent affordable residential developments that include new construction under a discretionary process would be subject to project specific environmental review under CEQA; and
The proposed amendments to the General Plan and Chapter 29 of the Town Code are consistent with the General Plan because they would allow a residential use on lands currently designated and zoned to allow a residential use in a mixed-use development of the Town Code.
BACKGROUND:
With certification of the 2023-2031 Housing Element, the Town committed to completing the Implementation Programs contained in the Housing Element. The Town is required to report the progress made on the Housing Element Implementation Programs to the California Department of Housing and Community Development (HCD) to demonstrate compliance with the Housing Element and maintain its certification. Implementation Program AB of the Housing Element requires amendments to the Mixed-Use Commercial Land Use Designation of the General Plan and the CH zone (Chapter 29 of Town Code) to allow for 100 percent affordable residential developments as a permitted use. Specifically, Implementation Program AB states the following:
Amend the General Plan and the Municipal Code to allow for 100 percent affordable residential development without the requirement of commercial uses.
On February 12, 2025, the General Plan Committee (GPC) considered the proposed amendments and forwarded a recommendation to amend the General Plan to allow 100 percent affordable residential developments as a permitted use in the Mixed-Use Commercial General Plan Land Use Designation and amend Chapter 29 (Zoning Regulations) of the Town Code to add 100 percent affordable residential developments as a permitted use in the CH zone. Included with the GPC’s recommendation was a request that maps showing where the
ITEM NO. 10.
PAGE 3 of 7
SUBJECT: 100 Percent Affordable Housing Developments General Plan and Zoning Code Amendments, Implementation Program AB/GP-24-004 and A-24-010 DATE: April 4, 2025
proposed amendments would be applicable be provided to the Planning Commission and the Town Council, and that a discussion of height allowances under State Density Bonus Law (SDBL) also be provided. The February 12, 2025, GPC staff report and minutes are included as Exhibits 4 and 5.
DISCUSSION:
Policy HE-3.1 of the 2023-2031 Housing Element, requires the Town to facilitate the development of affordable housing through regulatory incentives and concessions, and/or financial assistance to remove barriers to the production of housing. Consistent with this policy, Implementation Program AB requires amendments to the General Plan and the Town Code to allow for 100 percent affordable residential developments as a permitted use without a commercial component within the Mixed-Use General Plan Land Use Designation and CH zone.
The following is a summary of the required amendments for consideration by the Planning Commission.
A. Mixed-Use Commercial General Plan Land Use Designation The Mixed-Use Commercial Land Use Designation within the Town of Los Gatos 2020 General Plan Land Use Element currently permits, among other things, a mixture of retail, office, and residential uses in a mixed-use project. However, a standalone residential use is not permitted unless associated with a commercial use within a mixeduse project.
Housing Element Implementation Program AB requires amending the Mixed-Use Commercial Land Use Designation to also allow a standalone residential use when the development would be 100 percent affordable. The proposed General Plan amendment would affect all Town parcels with a Mixed-Use Commercial Land Use Designation and is not limited to the properties included in the Sites Inventory of the Housing Element.
Exhibit 2 provides the draft amendments to the Mixed-Use Commercial General Plan Land Use Designation.
Exhibit 6 shows the locations of the Mixed-Use Commercial General Plan Land Use Designation in the Town. Through Implementation Program AB, these are the areas where a 100 percent affordable residential development would be allowed as a permitted use. These areas are concentrated along Los Gatos Boulevard between Blossom Hill Road and Samaritan Drive, and Los Gatos-Saratoga Road at Alberto Way.
ITEM NO. 10.
PAGE 4 of 7
SUBJECT: 100 Percent Affordable Housing Developments General Plan and Zoning Code Amendments, Implementation Program AB/GP-24-004 and A-24-010 DATE: April 4, 2025
B. Restricted Commercial Highway (CH) Zone
Generally speaking, Town properties with a Mixed-Use Commercial General Plan Land Use Designation are zoned CH, and these properties are located along Los Gatos Boulevard, north of Shannon Road. According to Town Code Section 29.60.415, “the CH or restricted highway commercial zone is intended for development of vehicularoriented activities and sales along highway frontages, intermingled with compatible retail, service, and administrative activities.”
Housing Element Implementation Program AB would involve amending Town Code Section 29.60.420 (CH Zone – Permitted Uses), adding “100 percent affordable residential developments” as a permitted use in the zone. The proposed Town Code amendment would affect all Town parcels that are zoned CH and is not limited to the properties included in the Sites Inventory of the Housing Element. Exhibit 3 provides the draft amendments to Town Code Section 29.60.420.
Exhibit 7 shows the location of the commercial zones (C-1, C-2, CH, and O) where mixed use developments are allowed with approval of a Conditional Use Permit (CUP).
General Plan Committee
On February 12, 2025, the GPC considered the proposed amendments and forwarded a recommendation to amend the General Plan to allow 100 percent affordable residential developments as a permitted use in the Mixed-Use Commercial General Plan Land Use Designation and amend Chapter 29 (Zoning Regulations) of the Town Code to add 100 percent affordable residential developments as a permitted use in the CH zone. Included with the GPC’s recommendation was a request that maps showing where the proposed amendments would be applicable be provided to the Planning Commission and the Town Council. These maps are included as Exhibits 6 and 7. Additionally, the GPC requested that a discussion of height allowances under SDBL also be provided to the Planning Commission and Town Council. Below is a comparison of the allowances provided for 100 percent affordable residential development submitted under SDBL against other typical projects submitted under SDBL.
State Density Bonus Law
During discussion by the GPC, questions regarding the allowances provided for 100 percent affordable residential developments under SDBL were provided to staff. The following provides a response to the various questions related to SDBL. Staff notes that there are other state laws meant to incentivize and streamline housing production such as SB 35, AB 2011, and SB 6, but SDBL has been the most commonly used in the Town and is evaluated herein.
ITEM NO. 10.
PAGE 5 of 7
SUBJECT: 100 Percent Affordable Housing Developments General Plan and Zoning Code Amendments, Implementation Program AB/GP-24-004 and A-24-010 DATE: April 4, 2025
SDBL created a mechanism to obtain more favorable development requirements for projects with affordable or senior units. To meet the affordable housing goals, developers are entitled to a density bonus that corresponds to specified percentages of units set aside for very-low, low, or moderate-income households. In addition to the density bonus, SDBL provide three provisions that must be granted to qualifying projects:
1. One or more concessions/incentives that provide cost reductions for the development.
Under the law, a concession includes a reduction in site development standards and/or regulations when such regulations potentially make the project economically infeasible for the developer to build. These can include a reduction in site development standards or modification of zoning or architectural design requirements that exceed minimum building standards. The number of allowed concessions is determined on a sliding scale based on the percentage of units that will be set aside as affordable units and the household income category of those affordable units.
2. Waivers are reductions or modifications of any development standards and other regulations that would physically preclude the development of a project at the density permitted. Development standards include, but are not limited to, height limitations, setback requirements, FAR, open space requirements, or parking requirement that apply to a residential development pursuant to any ordinance, general plan element, policy, resolution, or regulation. There is no limit in the number of waivers an applicant can request through SDBL.
3. Reductions in parking requirements provided based on the number of bedrooms in each unit.
Under SDBL, a 100 percent affordable residential development is provided the following:
A density bonus of 80 percent and, when located within one-half mile of a major transit stop, no limit on density [65915 (f)(3)(D)(i)];
Up to five concessions/incentives [65915 (d)(2)(D)];
Unlimited waivers to development standards [65915 (e)]; A height increase of three additional stories, or 33 feet, when located within one-half mile of a major transit stop [65915 (d)(2)(D)]; and
Reductions in parking requirements based on the number of bedrooms in each unit [65915 (p)(1)] and, when located within one-half mile of a major transit stop, no parking requirement [65915 (p)(3)].
Staff notes that aside from the additional height allowance summarized above, applicants can request waivers from height standards under SDBL. Additionally, Public Resources Code Section 21064.3 defines a major transit stop. Staff has analyzed the definition and determined that there are currently no major transit stops within Town boundaries or within one-half mile of the Town boundary.
ITEM NO. 10.
PAGE 6 of 7
SUBJECT: 100 Percent Affordable Housing Developments General Plan and Zoning Code Amendments, Implementation Program AB/GP-24-004 and A-24-010 DATE: April 4, 2025
The following table provides a comparison of projects at different levels of affordability against a 100 percent affordable residential development under SDBL.
State Density Bonus Law Comparison
20 Percent
Low Income
20 Percent
Moderate Income
100 Percent
Low Income
Density Bonus 35 percent 15 percent 80 percent
Concessions/Incentives 2 2 5
Waivers Unlimited Unlimited Unlimited
Objective Design Standards
The proposed amendments allow for a 100 percent affordable residential development as a permitted use. These amendments would not eliminate the need for other approvals that may be required, such as Architecture and Site or Subdivision approval. If a 100 percent affordable residential development is proposed that requires Architecture and Site approval, the Town’s Objective Design Standards would apply.
CEQA DETERMINATION:
The proposed amendments are not a project under CEQA pursuant to Section 21065 of the Public Resources Code and Section 15378 of the State CEQA Guidelines; are exempt from CEQA pursuant to 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that the action will not have a significant adverse impact on the environment; any future 100 percent affordable residential developments that include new construction under a discretionary process would be subject to project specific environmental review under CEQA; and CONCLUSION:
A. Summary
The proposed amendments to the General Plan and Town Code related to 100 percent affordable housing developments respond to Implementation Program AB 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 proposed amendments to General Plan and Chapter 29 of the Town Code (Exhibit 2). The
ITEM NO. 10.
PAGE 7 of 7
SUBJECT: 100 Percent Affordable Housing Developments General Plan and Zoning Code Amendments, Implementation Program AB/GP-24-004 and A-24-010 DATE: April 4, 2025
Planning Commission should also include any comments or recommended changes to the proposed amendments in taking the following actions:
1. Make the required finding that the proposed amendments to the General Plan and Chapter 29 of the Town Code included in Exhibits 2 and 3 are not a project under CEQA pursuant to Section 21065 of the Public Resources Code and Section 15378 of the State CEQA Guidelines; are exempt from CEQA pursuant to 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that the action will not have a significant adverse impact on the environment; and any future 100 percent affordable residential developments that include new construction under a discretionary process would be subject to project specific environmental review under CEQA (Exhibit 1);
2. Make the required finding that the proposed amendments to the General Plan and Chapter 29 of the Town Code included in Exhibits 2 and 3 are consistent with the General Plan because they would allow a residential use on lands currently designated and zoned to allow a residential use in a mixed-use development of the Town Code. (Exhibit 1); and
3. Forward a recommendation to the Town Council for approval of the proposed amendments to the General Plan (Exhibit 2) and Chapter 29 of the Town Code (Exhibit 3).
C. Alternatives
Alternatively, the Commission can:
1. Forward a recommendation to the Town Council for approval of the proposed amendments to the General plan and 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. Draft Amendments to the General Plan
3. Draft Amendments to Chapter 29 of the Town Code
4. General Plan Committee Staff Report, February 12, 2025
5. General Plan Committee Draft Minutes, February 12, 2025
6. Map of Mixed-Use Commercial Land Use Designation
7. Map of Commercial Zones
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ITEM NO. 10.
PLANNING COMMISSION – April 9, 2025
REQUIRED FINDINGS FOR:
General Plan Amendment Application GP-24-004
Zoning Code Amendment Application A-24-010
Consider Making a Recommendation to the Town Council to Adopt a Resolution to Amend the General Plan to Allow 100 Percent Affordable Housing Residential Developments as a Permitted Use in the Mixed-Use Commercial General Plan Land Use Designation and Adopt an Ordinance to Amend Chapter 29 (Zoning Regulations) of the Town Code to Add 100 Percent Affordable Residential Developments as a Permitted Use in the Restricted Commercial Highway (CH) Zone, Pursuant to Implementation Program AB of the 2023-2031 Housing Element. Adoption of this Resolution and Ordinance are Exempt Pursuant to CEQA, Section 15061(b)(3) in that it Can be Seen with Certainty that they Will Not Impact the Environment. Project Location: Town Wide.
Applicant: Town of Los Gatos.
FINDINGS
Required Findings for CEQA:
The proposed amendments are not a project under CEQA pursuant to Section 21065 of the Public Resources Code and Section 15378 of the State CEQA Guidelines; are exempt from CEQA pursuant to 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that the action will not have a significant adverse impact on the environment; any future 100 percent affordable residential developments that include new construction under a discretionary process would be subject to project specific environmental review under CEQA.
Required Findings for General Plan:
The proposed amendments to the General Plan and Chapter 29 of the Town Code are consistent with the General Plan because they would allow a residential use on lands currently designated and zoned to allow a residential use in a mixed-use development of the Town Code.
EXHIBIT 1
S:\PLANNING COMMISSION REPORTS\2025\04-09-2025\ITEM X - PROGRAM AB\EXHIBIT 1 - REQUIRED FINDINGS.DOCX
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Town of Los Gatos 2020 General Plan - Land Use Element
2. Non-Residential Land Use Designations
For non-residential land uses, the specific uses mentioned are illustrative, and other compatible uses, including those authorized in any other Zoning District within the Town, may be permitted where authorized by a Conditional Use Permit or Planned Development Overlay Zone. In a mixed-use project residential uses may be permitted in conjunction with other permitted uses in non-residential Zoning Districts with the exception of the Commercial Industrial and Controlled Manufacturing Zoning Districts. For non-residential land uses, building intensity limits are indicated by either allowable land coverage or floor area ratio (FAR) and a maximum height limit.
[…]
Mixed-Use Commercial: Up to 50 percent land coverage with a 35-foot height limit The Mixed-Use Commercial designation permits a mixture of retail, office, and residential in a mixed-use project, along with lodging, service, auto-related businesses, non-manufacturing industrial uses, recreational uses, and restaurants,. and 100 percent affordable residential developments. Projects developed under this designation shall maintain the smalltown, residential scale and natural environments of adjacent residential neighborhoods, as well as provide prime orientation to arterial street frontages and proper transitions and buffers to adjacent residential properties. This designation should never be interpreted to allow development of independent commercial facilities with principal frontage on the side streets. […]
EXHIBIT 2
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DIVISION 5. - CH OR RESTRICTED HIGHWAY COMMERCIAL ZONE
[…]
Sec. 29.60.420. - Permitted uses.
(a) Activities allowed in the CH or restricted highway commercial zone are those which do not unreasonably interfere with nearby residential uses and which are in the following categories:
(1) Retailing, including formula retail up to ten thousand (10,000) square feet. (2) Personal service businesses and service businesses necessary for the conduct of households. (3) Office activities.
(4) Limited manufacturing activities when a majority of sales are made on site to the ultimate consumer.
(5) Group classes.
(6) Specialty food retail without alcoholic beverages.
(7) 100 percent affordable residential developments.
(b) Examples of proper CH activities are grocery stores, launderettes or dry-cleaning agencies, drugstores, barbershops, appliance repair shops, and offices. Examples of activities which are not proper in the CH zone are palmists and soothsayers, manufacturing, wholesaling, or laundry or dry-cleaning plants.
[…]
EXHIBIT 3
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ITEM NO. 10.
PREPARED BY: Ryan Safty
Associate Planner
Reviewed by: Community Development Director, Planning Manager, and Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872 www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 02/12/2025
ITEM NO: 2
DATE: February 7, 2025
TO: General Plan Committee
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider Forwarding a Recommendation to the Planning Commission to Amend the General Plan to Allow 100 Percent Affordable Housing Projects as a By-Right Use in the Mixed-Use Commercial General Plan Land Use Designation and Amend Chapter 29 (Zoning Regulations) of the Town Code to Add 100 Percent Affordable Housing Projects as a Permitted Use in the Restricted Commercial Highway (CH) Zone Pursuant to Implementation Program AB of the 2023-2031 Housing Element. Adoption of this Resolution and Ordinance are Exempt Pursuant to CEQA, Section 15061(b)(3) in that it Can be Seen with Certainty that they Will Not Impact the Environment.
General Plan Amendment Application GP-24-004 and Zoning Code Amendment Application A-24-010. Project Location: Town Wide. Applicant:
Town of Los Gatos. Project Planner: Ryan Safty.
RECOMMENDATION:
Consider forwarding a recommendation to the Planning Commission to amend the General Plan to allow 100 percent affordable housing projects as a by-right use in the Mixed-Use Commercial General Plan Land Use Designation and amend Chapter 29 (Zoning Regulations) of the Town Code to add 100 percent affordable housing projects as a permitted use in the Restricted Commercial Highway (CH) Zone pursuant to Implementation Program AB of the 2023-2031 Housing Element.
CEQA:
Adoption of this ordinance and resolution 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 allow affordable housing as a permitted use in the Mixed-Use Commercial General Plan Land Use Designation and CH zone and residential uses are already allowed in the Mixed-Use Commercial General Plan Land EXHIBIT 4 Page 467 Page 375
ITEM NO. 10.
PAGE 2 of 3
SUBJECT: Housing Element Overlay Zone/A-24-010 and GP-24-004 DATE: February 7, 2025
Use Designation with a mixed-use project and residential uses are already allowed with a Conditional Use Permit in the CH zone as a part of a mixed-use project.
BACKGROUND:
With certification of the 2023-2031 Housing Element, the Town committed to completing the Implementation Programs contained in the Housing Element. The Town is required to report the progress made on the Housing Element Implementation Programs to the California Department of Housing and Community Development (HCD) to demonstrate compliance with the Housing Element and maintain its certification. Implementation Program AB of the Housing Element requires amendments to the Mixed-Use Commercial Land Use Designation of the General Plan and the CH zone (Chapter 29 of Town Code) to allow for 100 percent affordable residential development in these areas without the need of a commercial component within the Mixed-Use General Plan Land Use Designation and CH zone (Attachment 1). Specifically, Implementation Program AB states the following:
▪ Amend the General Plan and the Municipal Code to allow for 100 percent affordable residential development without the requirement of commercial uses.
The role of the General Plan Committee (GPC) is to assist the Planning Commission and Town Council on matters relating to the General Plan or any specific plans. As a legislative item, the Planning Commission will make a recommendation to Town Council on the proposed amendments.
DISCUSSION:
The following is a summary of the required amendments for consideration by the GPC.
A. Mixed-Use Commercial General Plan Land Use Designation The Mixed-Use Commercial Land Use Designation within the Town of Los Gatos 2020 General Plan Land Use Element currently permits, among other things, a mixture of retail, office, and residential uses in a mixed-use project. However, a residential use is not permitted unless associated with a commercial use within a mixed-use project.
Housing Element Implementation Program AB requires amending this Designation to also allow a standalone residential use when the development would be 100 percent affordable.
The proposed General Plan amendment would affect all Town parcels with a Mixed-Use Commercial Land Use Designation and is not limited to the properties included in the Sites Inventory of the Housing Element. Attachment 2 shows the draft amendment to the MixedUse Commercial General Plan Land Use Designation.
ITEM NO. 10.
PAGE 3 of 3
SUBJECT: Housing Element Overlay Zone/A-24-010 and GP-24-004 DATE: February 7, 2025
B. Restricted Commercial Highway (CH) Zone
Generally speaking, Town properties with a Mixed-Use Commercial General Plan Land Use Designation are zoned CH, and these properties are located along Los Gatos Boulevard, north of Shannon Road. According to Town Code Section 29.60.415, “the CH or restricted highway commercial zone is intended for development of vehicular-oriented activities and sales along highway frontages, intermingled with compatible retail, service, and administrative activities.”
Housing Element Implementation Program AB would involve amending Town Code Section
29.60.420 (CH Zone – Permitted Uses), adding “100 percent affordable housing developments” as a permitted use in the zone. The proposed Town Code amendment would affect all Town parcels that are zoned CH and is not limited to the properties included in the Sites Inventory of the Housing Element. Attachment 3 shows the draft amendment to Town Code Section 29.60.420.
PUBLIC NOTIFICATION:
Public notification included a legal ad in the paper, published on February 7, 2025.
PUBLIC COMMENTS:
As of the drafting of this report, no comments from the public have been received.
CONCLUSION:
The GPC should consider the draft amendments to the 2020 General Plan Land Use Element and Chapter 29 (Zoning Regulations) of the Town Code regarding 100 percent affordable residential development in the Mixed-Use Commercial General Plan Land Use Designation and the CH Zone of the Town Code, and make a recommendation to the Planning Commission.
ATTACHMENTS:
1. Housing Element Implementation Program AB
2. Draft General Plan Amendment
3. Draft Zoning Code Ordinance Amendment
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ITEM NO. 10.
10. Housing Element
June 4, 2024 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
ATTACHMENT 1
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ITEM NO. 10.
Town of Los Gatos 2020 General Plan ‐ Land Use Element
2. Non‐ResidenƟal Land Use DesignaƟons
For non‐residenƟal land uses, the specific uses menƟoned are illustraƟve, and other compaƟble uses, including those authorized in any other Zoning District within the Town, may be permiƩed where authorized by a CondiƟonal Use Permit or Planned Development Overlay Zone. In a mixed‐use project residenƟal uses may be permiƩed in conjuncƟon with other permiƩed uses in non‐residenƟal Zoning Districts with the excepƟon of the Commercial Industrial and Controlled Manufacturing Zoning Districts. For non‐residenƟal land uses, building intensity limits are indicated by either allowable land coverage or floor area raƟo (FAR) and a maximum height limit.
[…]
Mixed‐Use Commercial: Up to 50 percent land coverage with a 35‐foot height limit The Mixed‐Use Commercial designaƟon permits a mixture of retail, office, and residenƟal in a mixed‐use project, along with lodging, service, auto‐related businesses, non‐ manufacturing industrial uses, recreaƟonal uses, and restaurants,. and 100 percent affordable housing developments. Projects developed under this designaƟon shall maintain the smalltown, residenƟal scale and natural environments of adjacent residenƟal neighborhoods, as well as provide prime orientaƟon to arterial street frontages and proper transiƟons and buffers to adjacent residenƟal properƟes. This designaƟon should never be interpreted to allow development of independent commercial faciliƟes with principal frontage on the side streets.
[…]
ATTACHMENT 2
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DIVISION 5. ‐ CH OR RESTRICTED HIGHWAY COMMERCIAL ZONE
[…]
Sec. 29.60.420. ‐ PermiƩed uses.
(a) AcƟviƟes allowed in the CH or restricted highway commercial zone are those which do not unreasonably interfere with nearby residenƟal uses and which are in the following categories:
(1) Retailing, including formula retail up to ten thousand (10,000) square feet. (2) Personal service businesses and service businesses necessary for the conduct of households. (3) Office acƟviƟes.
(4) Limited manufacturing acƟviƟes when a majority of sales are made on site to the ulƟmate consumer.
(5) Group classes.
(6) Specialty food retail without alcoholic beverages.
(7) 100 percent affordable housing developments.
(b) Examples of proper CH acƟviƟes are grocery stores, laundereƩes or dry‐cleaning agencies, drugstores, barbershops, appliance repair shops, and offices. Examples of acƟviƟes which are not proper in the CH zone are palmists and soothsayers, manufacturing, wholesaling, or laundry or dry‐cleaning plants.
[…]
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ITEM NO. 10.
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
GENERAL PLAN COMMITTEE
REPORT
MEETING DATE: xx/xx/2025
ITEM NO: 1
DRAFT
MINUTES OF THE GENERAL PLAN COMMITTEE MEETING
FEBRUARY 12, 2025
The General Plan Committee of the Town of Los Gatos conducted a meeting on February 12, 2025, at 5:30 p.m.
MEETING CALLED TO ORDER AT 5:30 P.M.
ROLL CALL
Present: Chair Ryan Rosenberg, Vice Chair Emily Thomas, Council Member Maria Ristow, Council Member Rob Rennie, Commissioner Jeffrey Barnett.
Absent: Commissioner Rob Stump.
Chair Rosenberg noted that there are no members of the public in the audience.
VERBAL COMMUNICATIONS
None.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approval of Meeting Minutes of June 26, 2024.
MOTION: Motion by Council Member Ristow to Approve Consent Item. Seconded by Vice Chair Thomas.
VOTE: Motion passes (4-1) with Committee Member Barnett recusing.
PUBLIC HEARINGS
2. Consider Forwarding a Recommendation to the Planning Commission to Amend the General Plan to Allow 100 Percent Affordable Housing Projects as a By-Right Use in the Mixed Use Commercial General Plan Land Use Designation and Amend Chapter 29 (Zoning Regulations) of the Town Code to Add 100 Percent Affordable Housing Projects as a Permitted Use in the Restricted Commercial Highway (CH) Zone Pursuant to Implementation Program AB of the 2023-2031 Housing Element. Adoption of this Resolution and Ordinance are Exempt Pursuant to CEQA, Section 15061(b)(3) in that it Can be Seen with Certainty that they Will Not Impact the Environment. General Plan
ITEM NO. 10.
PAGE 2 OF 4
SUBJECT: MINUTES OF THE GENERAL PLAN COMMITTEE MEETING OF FEBRUARY 12, 2025
Amendment Application GP-24-004 and Zoning Code Amendment Application A-24-010.
Project Location: Town Wide. Applicant: Town of Los Gatos.
Ryan Safty, Associate Planner, presented the staff report.
Committee members discussed the matter.
Jeffrey Barnett
Are these amendment requests consistent with other jurisdictions? Gabrielle Whelan, Town Attorney
These amendments are unique to Los Gatos’ Housing Element.
Rob Rennie
Are there any mixed-use locations that wouldn’t make sense to have 100 percent affordable housing? Are there commercial zones that allow this? Joel Paulson, Community Development Director
The Implementation Program is specific to the mixed-use General Plan Land Use Designation. There are other commercial zones where mixed-use can be allowed with a Conditional Use Permit.
Emily Thomas
It is suggested to provide a map of the locations this Program would apply to or where we can expand it to, and to see if there are any overlaps with other programs when this goes to Planning Commission.
Maria Ristow
This is in our approved Housing Element, so we cannot scale this back, but I would like to see a map of potential locations.
Rob Rennie
Is there a difference in terms of what a developer is entitled to if they do a 100 percent affordable build?
Gabrielle Whelan
I can speak to Density Bonus Statute: With 100 percent affordable, it is a very generous height restriction compared to regular builds. I will clarify the height restrictions before this item goes to Planning Commission.
Emily Thomas
Would our Objective Standards apply?
Joel Paulson
We will be sure to clarify that.
ITEM NO. 10.
PAGE 3 OF 4
SUBJECT: MINUTES OF THE GENERAL PLAN COMMITTEE MEETING OF FEBRUARY 12, 2025
Maria Ristow
It would be useful to have a comparison or list of what kinds of waivers or concessions can be done between 20 or 100 percent affordable housing.
Emily Thomas
Include information in the next staff report on what the consequences are if we don’t accomplish these Implementation Programs.
Open Public Comment.
Lee Fagot
Asking for the maps is very helpful for the public, so getting this is great. The more information the public can receive, the better so that we can engage more with the conversations happening.
Closed Public Comment.
Commissioners continued to discuss the matter.
Maria Ristow
Are there additional incentives to offer for 100 percent affordable housing builds? Joel Paulson
There is an Implementation Program that asks us to provide incentives for 100 percent affordable housing.
MOTION: Motion by Chair Rosenberg to recommend approval to the Planning Commission for a General Plan Amendment to allow 100 percent affordable housing projects as a by-right use in the Mixed Use Commercial General Plan Land Use designation and amend Chapter 29 (Zoning Regulations) of the Town Code to add 100 percent affordable housing projects as a permitted use in the Restricted Commercial Highway (CH) Zone pursuant to Implementation Program AB of the 2023- 2031 Housing Element. Additionally, it is recommended to include a map and to clarify the height allowed for the 100 percent affordable housing builds when this goes to Planning Commission. Seconded by Council Member Ristow.
VOTE: Motion passes unanimously.
OTHER BUSINESS
3. Election of the Chair and Vice Chair
ITEM NO. 10.
PAGE 4 OF 4
SUBJECT: MINUTES OF THE GENERAL PLAN COMMITTEE MEETING OF FEBRUARY 12, 2025
Chair Nomination:
MOTION: Motion by Council Member Ristow to elect Ryan Rosenberg as Chair of the General Plan Committee. Seconded by Commissioner Barnett.
VOTE: Motion passed unanimously.
Vice Chair Nomination:
MOTION: Motion by Chair Rosenberg to elect Emily Thomas as Vice Chair of the General Plan Committee. Seconded by Council Member Rennie.
VOTE: Motion passed unanimously.
4. 2025 General Plan Committee Meeting Calendar
ADJOURNMENT
The meeting adjourned at 5:55 p.m.
This is to certify that the foregoing is a true
and correct copy of the minutes of the
February 12, 2025, meeting as approved by the
General Plan Update Advisory Committee.
Joel Paulson, Director of Community Development
ITEM NO. 10.
HIGHWAY 17
LOS GATOS BL
CREEK TRAIL
LARK AV
UNIVERSITY AV
SHANNON RD
GARDEN HILL DR
CARLTON AV
NATIONAL AV
CAMELLIA TE
WINCHESTER BL
FARLEY RD
NINO AV
LESTER LN
LINDA LN
OLEANDER AV
HILOW RD
JO DR
ZENA AV
FRANK AV
EATON LN
HARDING AV
PINE AV
MARCHMONT DR
SHORT RD
LOS GATOS-ALMADEN RD
LILAC LN
NB 17 RAMP LARK
BELLA VISTA AV
LONGWOOD DR
ENGLEWOOD AV
AZALEA WY
ESCOBAR AV
OKA RD
LOMA VISTA AV
LEROY AV
FERRIS AV
ROBERTS RD
CHERRYSTONE DR
TURNER ST
CLARA ST
FISHER AV
CERRO VISTA DR
TOPPING WY
GARDEN LN
ROBIE LN
BENEDICT LN
CHIRCO DR
BONNIE LN
PLACER OAKS RD
IZORAH WY
LONGMEADOW DR
EL GATO LN
CAUSEY LN
LONGRIDGE RD
PENN WY
BLOSSOM HILL RD
JACARANDA WY
CAMINO DEL SOL
NB 17 RAMP 85
KINGHURST DR
BARTLETT ST
LOMA ST
FILLMER AV
HIGHLAND OAKS DR
SHADY VIEW LN
CORINNE DR
ROSELEAF LN
LAS ASTAS DR
MARY WY
VINELAND AV
CLOVER WY
TWIN OAKS DR
LA CHIQUITA AV
LAS MIRADAS DR
ALBERT DR
MARY ALICE DR
OLDE DR
CALDWELL AV
NEWELL AV
WILD WY
CHARLES ST
HILLBROOK DR
EL RANCHO AV
ORANGE BLOSSOM LN
OAK RIDGE WY
RIVIERA DR
GEM AV
LANSBERRY CT
JASMINE WY
ANN ARBOR DR
NODDIN AV
OAK RIM WY
AMANDA LN
ALBERTO WY
CHERRY BLOSSOM LN
WHEELER AV
CARDINAL LN
MILL RD
FLINTRIDGE DR
LITTLEFIELD LN
NINO WY
MAGNESON LOOP
CARLESTER DR
NINA CT
PEACOCK LN
STEPHENIE LN
KINGRIDGE DR
VASONA TE
SUNRAY DR
QUAIL HILL RD
OHLONE CT
WALKER ST
SUMMIT WY
MILLRICH DR
LILAC WY
DEL CARLO CT
GATEWAY DR
HIGHWAY 17
ROBERTS RD
Land Use Designation
Mixed-Use Commercial
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ITEM NO. 10.
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ITEM NO. 10.
HIGHWAY 85
HIGHWAY 17
CREEK TRAIL
LEIGH AV
SHANNON RD
LOS GATOS BL
UNION AV
UNIVERSITY AV
WINCHESTER BL
CARLTON AV
ROSS AV
HARWOOD RD
MAIN ST
LARK AV
ROSSWOOD DR
WYRICK AV
CHARMERAN AV
BRANHAM LN
SANTA CRUZ AV
OKA RD
SAMARITAN DR
NELSON WY
BASCOM AV
BLOSSOM HILL RD
ANNE WY
MORE AV
GARDEN HILL DR
TAIT AV
KARL AV
DAVES AV
SHADY LN
PARR AV
WOODARD RD
CAMDEN AV
VINELAND AV
NATIONAL AV
WEDGEWOOD AV
TAFT DR
CAMELLIA TE
STRATFORD DR
POLLARD RD
COLE DR
JAN WY
SANDY LN
LAURINDA DR
EATON LN
BERRY WY
DELL AV
RAFTON DR
BACHMAN AV
CAPRI DR
NINO AV
LESTER LN
BARRETT AV
A ST
ELROSE AV
ALAN AV
BICKNELL RD
JACKSOL DR
EWER DR
WESTHILL DR
LINDA LN
OLEANDER AV
SHELLEY AV
SKY LN
ELESTER DR
KILO AV
BERNICE WY
BRUCE AV
ESTHER DR
HILOW RD
LITTLE BRANHAM LN
CALVIN AV
RIDGE TRAIL
WHITE OAKS RD
SB 85 RAMP LOS GATOS
SB 85 RAMP NB 17
ALPINE AV
JO DR
ZENA AV
HARDING AV
ANDREWS ST
FRANK AV
GUNSTON WY
HERRING AV PINEHURST AV
JOHNSON AV
BELLA VISTA AV
JULIO AV
CHELSEA DR
ADAIR WY
REDDING RD
BERCAW LN
PINE AV
WOODFORD DR
SHORT RD
ROSE AV
LILAC LN
BREWSTER AV
BRONSON AV
CALICO AV
CARM AV
MANDA DR
LONGWOOD DR
ENGLEWOOD AV
SUNRISE DR
BEL ESTOS DR
LENCAR WY
FORRESTER RD
EL GATO LN
FAWN DR
HOLMES AV
VILLA AV
WILLOW DR
HERSHNER DR
TODD WY
LA RINCONADA DR
CLEARVIEW DR
PRINCE ST
DOVER ST
MAY LN
DIDUCA WY
LOMA VISTA AV
KENNEDY RD
NOELLA WY
TONY AV
VASONA AV
VISTA LOOP
BEL ESCOU DR
CAUSEY LN
FERRIS AV
BROADWAY
ROBERTS RD
EDELEN AV
RUCKER DR
WILDER AV
STACIA ST
TURNER ST
COPELAND LN
HAPPY ACRES RD
VISTA AV
CONRAD AV
GARDEN LN
RUPERT DR
SUVIEW DR
ELM PARK
ROBIE LN
DE SOTO DR
OKA LN
LONE HILL RD
KERSTEN DR
CHIRCO DR
LU RAY DR
ALBERT AV
MADERA CT
BONNIE LN
BELVUE DR
GARDENIA WY
TERRI WY
STARBRIGHT DR
DEL ORO DR
REGENT DR
MOZART AV
KEENE DR
BLANCHARD DR
ROXANNE DR
ACTON DR
HARLOW WY
VIVIAN DR
BEGONIA DR
MUIR DR
KINGHURST DR
LAURA DR
OLIVE ST
NIMRICK LN BARON DR
WEETH DR
WILMA WY
LENORA AV
BELCREST DR
NB 85 FROM
FILLMER AV
DIVISION ST
MAYS AV
HENDY LN
LAS ASTAS DR
WRAIGHT AV
MISE AV
FARLEY RD
PINE WOOD LN
MARY WY
ROXBURY LN
OAKWOOD AV
HOMERITE DR
NEWELL AV
PARK AV
CLOVER WY
FAIRCREST DR
TWIN OAKS DR
SHARON LN
LINDA AV
ALBERT DR
MARY ALICE DR
MARIPOSA AV
VIA PINTO
VERDE CT
HEATHER DR
WILD WY
RIVIERA DR
BIRD AV
MARR LN
LORA DR
KILMER AV
SAN MATEO AV
ASH CT
CRAIG WY
BEGONIA DR
FARLEY RD
HIGHWAY 17
KARL AV
HIGHWAY 85
KENNEDY RD
Commercial Zones
C-1 - Neighborhood Commercial
C-2 - Central Buisness District
CH - Restricted Commercial Highway
O - Office
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ITEM NO. 10.
LOS GATOS PLANNING COMMISSION 4/9/2025, Item #4,
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A P P E A R A N C E S:
Los Gatos Planning
Commissioners:
Emily Thomas, Chair
Kendra Burch, Vice Chair
Jeffrey Barnett
Susan Burnett
Rob Stump
Town Manager: Chris Constantin
Community Development
Director:
Joel Paulson
Town Attorney: Gabrielle Whelan
Transcribed by: Vicki L. Blandin
(619) 541-3405
ATTACHMENT 5
ITEM NO. 10.
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P R O C E E D I N G S:
CHAIR THOMAS: We will now be moving on to Item
4, which is to consider making a recommendation to the Town Council to adopt a resolution to amend the General Plan to allow 100-percent affordable housing residential
developments as a permitted use in the Mixed-Use Commercial General Plan land use designation, and adopt an ordinance to amend Chapter 29 (Zoning Regulations) of the Town Code to add 100-percent affordable residential developments as a permitted use in the Restricted Commercial Highway (CH) Zone pursuant to Implementation Program AB of the 2023-2031 Housing Element.
Adoption of this resolution and ordinance are
exempt pursuant to CEQA Section 15061(b)(3) in that it can be seen with certainty that they will not impact the
environment.
General Plan Amendment Application GP-24-004 and
Zoning Code Amendment Application A-24-010. Project
location is Town Wide, and the Applicant is the Town.
I believe Mr. Mullin will also be giving the
Staff Report on this one.
SEAN MULLIN: Yes, and thank you once again.
ITEM NO. 10.
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Before you this evening is consideration of
amendments to the General Plan and the Town Code required for Housing Element Implementation Program AB regarding 100-percent affordable residential developments. Program AB requires that the Town amend the General Plan and the Town Code to allow for 100-percent affordable residential
developments without the requirement of a commercial use.
On February 12th the General Plan Committee
considered the proposed amendments and recommended
approval. The GPC also requested that additional
information be provided to the Planning Commission and Town Council moving forward, and it has been provided in your Staff Report.
In short, the General Plan Mixed-Use Commercial
land use designation and the Commercial Highway, or CH
zone, would be amended to allow 100-percent affordable
residential developments as a permitted use. The proposed amendments would affect all Town parcels with a Mixed-Use Commercial land use designation, or Zone CH, and is not limited to the properties included in the Sites Inventory of the Housing Element.
As we are required to do annually, on April 2,
2026 the Town will report completion of and progress made on this and other Housing Element implementation programs
ITEM NO. 10.
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to HCD to demonstrate compliance with the certified Housing Element.
This concludes my presentation, and Staff is
available for any questions.
CHAIR THOMAS: Thank you. Commissioner Burnett.
COMMISSIONER BURNETT: Yes, thank you. I think
this is a very important item that we have before us,
because this can be far-reaching, so I have several
questions.
First of all, how does this affect our Housing
Element sites that are zoned with the Housing Element
Overlay? How does that affect that?
SEAN MULLIN: Thank you for that question. The
changes would impact any property zoned CH or with a MixedUse Commercial land use designation. Some of those sites include a Housing Element Overlay. If it were in the HEOZ, it would need to meet those requirements as well.
COMMISSIONER BURNETT: So, what you’re saying is
that sites in our Housing Element that are in the Housing Element Overlay Zone could actually be changed to 100-
percent affordable units?
SEAN MULLIN: Regardless of the HEOZ. If it’s
zoned CH or has a Mixed-Use designation, that’s when the 100-percent affordable could be a permitted use. Other HEOZ
ITEM NO. 10.
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sites that are not zoned CH or with a Mixed-Use
designation, it would not apply to those sites.
COMMISSIONER BURNETT: Okay, thank you. I have
follow-up questions. How many sites are we talking about here? I know we have the map and it’s right along Los Gatos Boulevard and Alberto Way, so how many sites would we
really be talking about, do you think?
SEAN MULLIN: I don’t know that number offhand.
The maps, as you mentioned, were provided, but I did not quantify the number of actual parcels involved.
COMMISSIONER BURNETT: Then, since Los Gatos has
no major transit stops within the Town borders or within a half mile of the Town boundary, are we really going to be affected by this?
SEAN MULLIN: The discussion in the Staff Report
that mentions the major transit stops was spurred by a
discussion with the General Plan Committee about
specifically how State Density-Bonus Law could be used in conjunction with this permitted use. What we looked at and evaluated in the Staff Report was potential height
increases that would be allowed through State Density-Bonus Law, and I’m blanking on the second one. The Staff Report concludes there are no major transit stops in the Town
currently, so those height increases and the other
ITEM NO. 10.
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allowance would not apply, but waivers allowed under State Density-Bonus Law could be requested for increased heights outside of the allowable height increases if you’re near a major transit stop.
CHAIR THOMAS: As a follow-up question to that,
Mr. Mullin, whether or not this 100-percent affordable
situation exists, like State Density-Bonus Law still is the case and waivers, concessions, and incentives can still be used in the same way?
SEAN MULLIN: That’s correct. There are also a
number of other State laws that could be used. We evaluated State Density-Bonus Law, because that’s the most common that we’re seeing through some of the bigger projects in Town.
CHAIR THOMAS: Okay, thank you. Commissioner
Burnett.
COMMISSIONER BURNETT: Thank you. I understand
this was already covered under CEQA, is that correct?
SEAN MULLIN: I just noticed that the Staff
Report’s project description doesn’t provide the full CEQA analysis. Ultimately, Staff determined this isn’t a project under CEQA, and that’s on page 1 of your Staff Report under the CEQA title, but in an effort to layer and make sure that we’re fully evaluating it and going the extra step,
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it’s not only not considered a project, but if it were
found to be a project, it would be covered by the Common Sense Exemption that no environmental impacts.
What we’re talking about this evening is a use.
We’re not talking about any construction or changes to the physical environment. We’re talking about a use which can trickle down.
The Staff Report goes on to talk about if any
construction, a project that required building, were to be proposed to the Town, CEQA analysis would be provided on that particular project. If there was a project that came in and simply took over an existing building and made it 100-percent affordable without any significant physical changes, that may not require any CEQA analysis; that would be a ministerial action.
COMMISSIONER BURNETT: As I understand, then, it
is covered basically under CEQA. If it’s new construction, then we could require a review?
SEAN MULLIN: Sure. If it was new construction
like we’re seeing with some of our other projects, and
frankly, any project of any scale that’s going through a discretionary review, CEQA analysis would be required.
COMMISSIONER BURNETT: I think I have just one
more question. Would they be required to have an
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Architecture and Site approval? Who makes the development 100-percent affordable? When I was reading the Staff
Report—which was very good, thank you so very much—there was a question as to whether it would require Architecture and Site approval, and then there was also the question about Objective Design Standards. How would that come into this as well? I mean, this is going to really impact our town, so I think it’s very important we understand.
SEAN MULLIN: I think that’s a great question.
There is a scenario on paper that someone could… I think the example I discussed with a different Commissioner this afternoon was, let’s say, there’s an apartment building that exists on one of these parcels that was just a market rate apartment building, and there are a lot technicalities going on here, but if that were changed to be 100-percent affordable and there was no construction, it was just
simply they deed restricted it and did everything that
needed to happen to make it 100-percent affordable, in
theory that could be handled with a Building Permit or even Use and Occupancy and deed restrictions.
The other scenario on the other end of the
spectrum is if someone came in and redeveloped the site.
That redevelopment, meaning new construction and new
buildings, would certainly require an Architecture and Site
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Application, and the Objective Design Standards would
certainly apply to that project.
COMMISSIONER BURNETT: Thank you for that.
CHAIR THOMAS: Commissioner Stump.
COMMISSIONER STUMP: Just wanted to follow-up on
the height. Obviously, in the report it said that if we were within a half mile of a major transit stop that three additional stories, or 33’, could be added. To the Town Attorney, in the February 12th meeting, I think it was
stated that you would maybe have a little bit more
information on height as it relates to these types of
projects.
ATTORNEY WHELAN: Yes. At the meeting I could not
remember whether it was unlimited height increases or
whether there was a limit on it. The Planning Manager did the research after that meeting, and that’s why he included it in the Staff Report, and the Staff Report correctly
states that developers of 100-percent affordable housing are entitled to three additional stories.
COMMISSIONER STUMP: If it’s within half a mile
of a transit center?
ATTORNEY WHELAN: Right.
ITEM NO. 10.
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COMMISSIONER STUMP: So, if it’s not within a
half a mile of the transit center, does it need to meet our objective standard?
ATTORNEY WHELAN: There is a provision in the
Density-Bonus Law that applies to any development that has a certain percentage of affordable housing that says they can request a waiver of development standards. Now, I’m going to have to go back and think, because there are two competing provisions: there is the Housing Accountability Act and then the State Density-Bonus Law. I’ll check this while you ask other questions, but I believe the State
Density-Bonus Law says you can request a waiver which shall not be denied if it would preclude construction of the
project as proposed, and then it says, and at the permitted densities.
COMMISSIONER STUMP: Then why is this 33’ rule
even in here?
ATTORNEY WHELAN: Right.
COMMISSIONER STUMP: It can be sort of whatever
the project is going to dictate.
ATTORNEY WHELAN: Right. That’s a good question.
DIRECTOR PAULSON: Mr. Mullin can answer that,
and I can add on, if necessary.
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SEAN MULLIN: I think one distinction I would
make, and I’ll use the parking provision of State Density Bonus Law, is if you’re a qualifying project there are
three things you are entitled to under State Density Bonus Law: a number of concessions or incentives as dictated by the affordability level, unlimited waivers, and reduced parking.
A waiver or a concession in that case would not
need to be used for the parking; it’s just by-right. The provision here for the additional three stories, or the 33’, within a half mile of a transit stop would similarly not require a waiver or a concession. So, that’s kind of one bucket.
The second bucket is could they request a waiver
to the development standard of a height limitation, and to what extent? That’s the other piece that’s a little bit unclear, but I wanted to make the distinction between the by-right piece and the waiver, which is subject to findings and consideration.
COMMISSIONER STUMP: How is that height then
metered? How do we take a look at potential projects out there and say, based on what we have, what Density-Bonus could be requested, what sort of maximum height would we potentially be looking at? Are we now working ourselves
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back into a 12- and 13-story building, because they can request a waiver for that? I guess anything is possible, right?
ATTORNEY WHELAN: There is not a lot of case law
on this topic, because the statute is so new. I think it is of note that the Density-Bonus Statute says you can’t
preclude the project as proposed at the permitted
densities, and so there is an argument to be made that a local jurisdiction doesn’t have to allow height that’s not necessary in order to accommodate the density, but there is no case law addressing this point as of yet.
COMMISSIONER STUMP: But still contingent upon
CEQA. I mean, what we’re talking about in this particular case, most certainly this would be some form of new
construction if they’re going to go to a multi-story
building, and there would be some CEQA study related to the project.
ATTORNEY WHELAN: Yes, it will depend on a lot of
factors. It will depend on whether the project is utilizing the categorical or a statutory exemption, and if so, which one, and how does that particular exemption lead? There is just a lot of detail; it will be really case-specific.
COMMISSIONER STUMP: My concern is are we sending
something along to the Council—and I realize we get paid
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the big bucks to work in the grey—but are we asking the Council to adopt something that we fully don’t understand what the implications are? Then, we need to do this as a part of our Housing Element compliance, so I’m just
concerned about suggesting something to the Council that the implications are not completely understood, I guess I would say.
ATTORNEY WHELAN: My thought on that question is
that the Density-Bonus Law exists independent of this
ordinance that is being brought to the Commission, and so the vagaries of the Density-Bonus Law are separate and
apart from this ordinance which is stating that affordable housing would be a permitted use in certain zones.
DIRECTOR PAULSON: I’ll hopefully confuse it even
more. The reality is that a 100-percent affordable
developer can come into any site they want in town right now; it just doesn’t say in our General Plan and our Zoning Code that it’s a permitted use. It still has to go through Architecture and Site, it still has to go through the
determination of what CEQA, if any, is necessary, so this is just adding those terms to these two. As Mr. Mullin
mentioned before, this is really the use, and frankly, it can already be done in almost every zone in town right now.
ITEM NO. 10.
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But I think one of the biggest keys from Ms.
Whelan’s comments is is it consistent with the density, or is it some of these other projects that we’re seeing that just completely exceed the density, which we think there may be some more levers there from the Town’s perspective? CHAIR THOMAS: Commissioner Barnett.
COMMISSIONER BARNETT: I have a question for
Staff and Ms. Whelan. Are the changes that are proposed recommended because of the State law?
ATTORNEY WHELAN: They were things that the Town
committed to do in order to receive certification of its Housing Element, so the Town will need to demonstrate to the State Department of Housing and Community Development that it has implemented those implementation programs.
DIRECTOR PAULSON: Through the Chair, a little
further background. This specific one, I think Mr. Mullin and other planners look back, this was actually
specifically added as kind of an incentive for affordable housing by the General Plan Advisory Committee, and then ultimately recommended by the Planning Commission and
adopted by the Council.
CHAIR THOMAS: Do we have any other questions?
No. We will now open the public portion of this public
hearing, and I don’t have any speaker cards. If you want to
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make a comment, can you come up to the microphone and
introduce yourself? Does he need to fill out a card?
DIRECTOR PAULSON: He can fill it out afterwards.
CHAIR THOMAS: Can you fill it out afterwards,
please? Thank you.
DIRECTOR PAULSON: It’s just regarding this
topic.
BRAD ARMSTRONG: My name is Brad Armstrong, and I
live in the area by Ace Hardware. I know the meeting has been…because of not having a quorum it’s on the 23rd, but I just have a question. When we got the green card, it showed a big difference from what the initial plan was, which was a high building with a bar and everything, and then the last one we got was like a 55-unit complex. I guess my
question would be where do we stand in terms of the height, and can you answer that question legally? Is it something that I can ask you that question?
CHAIR THOMAS: Sorry, these meetings are kind of
frustrating sometimes for the public, which I understand, but thank you for sitting here and listening to us chat.
We actually can’t answer questions during this
time; however, the project planner has his card out for you so that you can talk to him directly, and Mr. Mullin will be very happy to explain and rectify all that.
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Are there any hands raised on Zoom?
DIRECTOR PAULSON: There are no attendees on
Zoom.
CHAIR THOMAS: Oh, that’s so sad. We will close
the public portion of this public hearing, and I invite Commissioners to continue to ask Staff questions, and make comments, and propose a motion.
I am going to get the discussion kicked off as
someone who was on the General Plan Update Advisory
Committee, and the Housing Element Advisory Board, and now the General Plan Committee. I have seen the iterations like this from the start, and in an effort to get our Housing Element certified we knew that HCD wanted us to have
implementation programs and specific things in our Housing Element that created incentives and lowered barriers for affordable housing, and so that is why this was included in that, because we would not have been able to get the
Housing Element certified if we did not make efforts that were specific to our Town to try to address some of these things.
That being said, this is going to impact a very
small part of town. I do appreciate the map that was
included, and I think that this helps us to understand. At our General Plan Committee discussion, that was one of the
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concerns, like exactly how many lots, what locations? This is mainly along Los Gatos Boulevard and partially another site that has already just been redeveloped or is in the process of being redeveloped, and is not going to be torn down to build 100-percent affordable housing in the near future, so I think that we would be doing the Town a
disservice by not forwarding this recommendation, because we are going to be in a terrible place as a town if our Housing Element gets decertified, because that’s going to give us a lot less power locally.
So, as a person who saw this from the beginning,
I just wanted to share that the spirit of this was that we knew to get this passed we had to include specific items that could really help, and this is in a very specific
small part of town, so I’m in support right now.
Commissioner Burnett first, thank you.
COMMISSIONER BURNETT: Thank you for that. Yes, I
have some real issues with this. Basically, this amendment to the General Plan to allow the 100-percent affordable developments in Program AB of our Housing Element, Town wide, let’s say… It is Town wide, it says.
SEAN MULLIN: Through the Chair, for
clarification, the project scope is Town wide, because the zoned parcel, the CH zoned parcels and Mixed-Use Commercial
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Development designations, exist throughout the Town, but the amendments are specific just to the CH zone and the Mixed-Use Commercial land use designation, so it does not impact all parcels in the Town.
COMMISSIONER BURNETT: Yes, I understand it
impacts only the CH zones, Commercial Highway. To go on, I think it’s unnecessary. According to our present Town
numbers we are on track to meet our required RHNA numbers.
Based on a Town Council report on March 18th, our progress report for the General Plan and the Housing Element, we have already deemed many projects complete. I challenge HCD that we have to go above and beyond our State law. We do not have to go above and beyond our RHNA numbers that are required.
Commissioner Barnett, who is on the General Plan
Committee, asked our Town Attorney are these consistent with other jurisdictions, and the answer was this was
unique to Los Gatos. That’s interesting. Why did the
Housing Element Advisory Board put this in our Housing
Element to begin with? I don’t think it was necessary to get our Housing Element certified, because this is, again, above and beyond what we were required to do.
I look at my role as a planning commissioner to
look after the best interests of our residents, not to add
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additional incentives for 100-percent affordable housing builds.
A couple of comments from the General Plan
Committee. “Can we expand the program, or do overlaps with other programs?” I mean, that’s scary. And another comment was, “Can we add additional incentives to offer for 100- percent affordable housing builds?” I mean, that’s
interesting. You want to add additional incentives?
So, because these developments would greatly… I
mean, you’re looking at our State Density Bonus Law’s huge impacts. If you read what the incentive and waivers would be for these 100-percent affordable buildings, it’s
unbelievable what they could get, and do you really think the citizens of Los Gatos are going to be happy with this decision from our Planning Commission recommending to the Town Council that this would be okay? They’re already upset enough about our Builder's Remedy in numbers.
Again, HCD cannot request us to go above and
beyond our State law requirements. They can’t say we’re not going to certify you because you’re not putting in more than you should. I see this as an opening door Town wide of zoning and other… Like C-1, C-2, wherever we have MixedUse, I could see this just sort of going throughout our Town, so I would recommend a motion to the Town Council
ITEM NO. 10.
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that, really, send it to the Town Council and for them to decide about it.
I can’t make a decision on this, because first of
all, I don’t think I have enough information, although
there is a lot of information and I commend our Staff and our Town Attorney and our Director for their work on this.
As a planning commissioner, I would propose that the Town Council would make the final decision on this, because for me, I cannot recommend it to them. That’s what I have to say, thank you.
CHAIR THOMAS: I would just like to clarify, as a
member of the GPC, that one of the reasons we recommended this be combined is because we can only make four
amendments to our General Plan per year, so that’s what we were recommending, that if there are any other amendments that need to made, they be made at the same time, because we can only do it four times a year, right? Only four?
ATTORNEY WHELAN: That’s true in generalities.
One resolution, and you can combine a number of separate amendments within that one resolution.
CHAIR THOMAS: Yes.
DIRECTOR PAULSON: And it’s four per element, I
believe.
CHAIR THOMAS: Oh, four per element.
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DIRECTOR PAULSON: Right.
CHAIR THOMAS: But we’re making a lot to the same
element. We’re making amendments to the same element
typically, but that’s what we were referring to?
DIRECTOR PAULSON: Yes.
COMMISSIONER BURNETT: Could you clarify that? I
don’t understand.
CHAIR THOMAS: We can only change each chapter of
the General Plan four times a year. We can’t make changes as a town more than that; it’s not allowed by law. So, if we want to use one of our four chances to just change this one thing, that’s one of the four gone. But, you can
combine it with making multiple changes at the same time, so if we have other implementation programs that require a General Plan change, we were recommending that we see them all together so that we make multiple changes in one go that counts as one of our four. Does that make sense?
COMMISSIONER BURNETT: Then why are we having
this as a single one?
CHAIR THOMAS: That’s a question for Staff, I
think.
COMMISSIONER BURNETT: Why didn’t we combine
them, because we’re going to have other big ones like A? I
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think it’s J and AY that are going to be coming up, and these are really important.
SEAN MULLIN: I can start. When we evaluated the
different programs, we’re working through them in an order, and the order that we committed to is with the dates in the Housing Element. Currently, I’m not aware of any other ones that are coming up which require a General Plan amendment.
It sounds like the GPC’s recommendation was just
to be mindful of that, because we are limited to four
changes per element per year, and if there were others that were waiting in the wings, that perhaps we should group them together, but at this time—and maybe Director Paulson can correct me—I’m not aware of any other General Plan
amendments on the table that we’re actively working on.
COMMISSIONER BURNETT: Okay, thank you.
CHAIR THOMAS: Vice Chair Burch.
VICE CHAIR BURCH: So, if there are these
implementation programs that we’re supposed to do as part of our Housing Element—and I wasn’t on the Housing Element, so if I butcher this question, I apologize—and then we
don’t do them, what happens?
DIRECTOR PAULSON: I’m happy to start, and then
Ms. Whelan can chime in. So, I don’t want to fine out, but the ultimate potential consequence is decertification of
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the Housing Element, which means Builder's Remedy can come back in again up until they recertify our Housing Element, but we’re hopeful that we’re showing good progress to HCD in these annual progress reports. The reality is it’s a severe resource constraint from a Staff perspective to take on these items, but we’re committed to moving them forward as quickly as possible.
We will be maintaining some semblance of order to
make sure that we don’t run into the issue of four more element changes per year. Should that hypothetically come up, we would probably just make a comment, contact HCD, put something in the APR saying we’re unable to get to this one due to the cap, and we’re committed to following up on that the following year when those options are available. But, the ultimate is potential decertification.
VICE CHAIR BURCH: When you first were talking
this through, Director Paulson, basically you said however, if I have a property and I want to build 100-percent
affordable, I can do that. I can hire an architect, I can put that plan together, I can come in, show that I’m
helping meet our housing numbers, and I could do that.
DIRECTOR PAULSON: That’s correct, because
they’re going to automatically qualify for Density-Bonus Law provisions.
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VICE CHAIR BURCH: Right.
DIRECTOR PAULSON: So, for instance, it’s in a
Commercial zone or a Mixed-Use zone, or requires Mixed-Use, they just use an incentive or concession for the Mixed-Use component and they get unlimited waivers to any of our
design standards and objective design guidelines. So, that option already exists. This was kind of a token to, hey, we’re going to actually put it in our Zoning Code and our General Plan that we’re going to allow 100-percent MixedUse as a permitted use (inaudible).
VICE CHAIR BURCH: But it’s really just
formalizing what already exists?
DIRECTOR PAULSON: Correct.
VICE CHAIR BURCH: I just want to make the point
that if you guys want to not vote for this for a stance or something, that’s fine, but this is already something that can happen. You’re not making a stance, and then it gets voted down, and people can’t come in and build 100-percent of affordable property; they can do that. So, I want
everybody to hear what Mr. Paulson just said, because I don’t want there to be a misunderstanding that by somehow or other voting against this means that this incident can’t happen. This incident 100-percent can happen, with or
without this.
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The only risk we have is we go with or without a
way they can do it, but we’re not going to formalize this, and we’re going to be at risk of decertifying our Housing Element, and everybody is so upset about all the Builder's Remedy; be ready for more. So, I just want to put that out there as we think about what we’re going to do here.
CHAIR THOMAS: I would like to follow-up with
Director Paulson’s comment about the token. I think I am the only one here who was on the Housing Element Advisory Board. As a person who sat through the entire process and had many, many meetings, this implementation program was not one of the prescribed things that HCD said you have to include, however, both of our consultants, all of the
experts, and HCD feedback was like we you need to do things to encourage… If you want to get it certified, there are parts, and so… This was an olive branch, essentially, and it is just putting it into the final code, and because of what Vice Chair Burch just said, 100-percent affordable can happen anywhere, anyway. Commissioner Stump.
COMMISSIONER STUMP: To use a really good
comparison, the cake has already been baked. In other
words, this happened through the process. I wasn’t on the Housing Element Advisory Board either, or any of the
process leading up to this, so what I’m saying is I assume
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that this was committed months ago, the plan had to be
approved by Council, so the approval was set forth going this direction, and now we’re just taking the action to follow-up and amend our General Plan. Is that accurate? DIRECTOR PAULSON: Yes, it’s an implementation
program of the Housing Element to modify Zoning Code and the General Plan.
COMMISSIONER STUMP: Okay, thank you. That’s what
I thought.
CHAIR THOMAS: Does anyone else have anything?
Commissioner Burnett.
COMMISSIONER BURNETT: Yes, I would like Vice
Chair Burch to clarify. I’m not quite understanding what she is saying, because I think the density, I know it’s 100-percent affordable housing we’re talking about in the AB, but you’re saying that that can be done other places? DIRECTOR PAULSON: I’m happy to try to clarify
further. Yes, all of our existing General Plan designations have some density associated with it; most of the zones it’s 20 units to the acre max. The Housing Element sites are mostly 30-40 units, and then some other ones are in between.
So, right now, even if it’s not on a Housing
Element Overlay Zone site and it’s zoned Office, we allow
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Mixed-Use Commercial and Office zones, so they could use Density-Bonus, go up to a maximum of 20 dwelling units per acre, and also take advantage of any and all other State laws that allow them even more density than that, and
propose a 100-percent affordable project.
The reality is name the last standalone 100-
percent affordable housing project you recall in Los Gatos.
Correct, and there’s a specific reason for that.
The most recent one was a cooperation where a
developer basically gave up property and rights to one
component of their project, which allowed for the
development of those affordable houses.
The other is our inclusionary housing, which does
generate a whole lot of units, but the last standalone 100- percent affordable housing projects are decades in the
past, aside from some folks might say Dittos Lane, but
nevertheless, that was, I think, four units.
COMMISSIONER BURNETT: Thank you for that. I
still don’t understand why Los Gatos is the only
jurisdiction that had to put this in our Housing Element, and that they got certified, and so that bothers me. I
don’t think it’s necessary. I don’t think we should have to go above and beyond what State law requires. We’re on track for our RHNA numbers, and I think we should stand up for
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that, and I don’t want to take responsibility for passing this on to the Town Council. Let them decide, but I don’t feel positive towards recommending it to the Town Council.
CHAIR THOMAS: Just to clarify, HCD did not tell
us to put this one in here? Okay, so the Housing Element Advisory Board put this in, then we voted to approve it, and Town Council voted to approve it. Commissioner Stump.
COMMISSIONER STUMP: Commissioner Barnett, you
were getting ready to make some comments, and then we
stopped you because it wasn’t time to do so, so I’d be
interested in your comments.
COMMISSIONER BARNETT: Thank you for that,
Commissioner Stump. I’m in favor of making the
recommendation to the Town Council as set forth in the
Staff Report, and can make findings regarding CEQA as set forth in the Staff Report, and make the findings that are also set forth in the Staff Report, and I’ll make that a motion.
VICE CHAIR BURCH: I’ll second.
CHAIR THOMAS: Do we have any discussion? No. I
will call the question. All those in favor, please raise your hand. Opposed? The motion passes 4-1 with Commissioner Burnett in opposition.
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There are no appeal rights, I’m assuming, because
this is a recommendation.
DIRECTOR PAULSON: That correct.
CHAIR THOMAS: And when will Town Council be
hearing this probably?
DIRECTOR PAULSON: When time permits.
CHAIR THOMAS: Cool. Thank you.
(END)
ITEM NO. 10.
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ITEM NO. 10.
TOWN OF LOS GATOS
2020 GENERAL PLAN
LAND USE ELEMENT
LU-14
2. Non-Residential Land Use Designations
For non-residential land uses, the specific uses mentioned are illustrative, and other compatible uses, including those authorized in any other Zoning District within the Town, may be permitted where authorized by a Conditional Use Permit or Planned Development Overlay Zone. In a mixed-use project residential uses may be permitted in conjunction with other permitted uses in non-residential Zoning Districts with the exception of the Commercial Indus- trial and Controlled Manufacturing Zoning Districts. For non-residential land uses, building intensity limits are indicated by either allowable land coverage or floor area ratio(FAR) and a maximum height limit.
a. Office Professional: Up to 50 percent land coverage with a 35-foot height limit The Office Professional designation provides for professional and general business offices. This designation applies to various locations throughout the Town, often in close proximity to neighborhood- or community-oriented commercial facilities, or as a buffer between commercial and residential uses. The intent of this designation is to satisfy the community’s need for general business and professional services and local employment.
b. Central Business District: 0.6 FAR with a 45-foot height limit The Central Business District designation applies exclusively to the down- town and accomplishes the following:
♦ Encourages a mixture of community-oriented commercial goods, services and lodging unique in its accommodation of small-town style merchants and maintenance of small-town character.
♦ Maintains and expands landscaped open spaces and mature tree growth without increasing setbacks.
♦ Integrates new construction with existing structures of historical or architectural significance and emphasizes the importance of the pedestrian. c. Mixed-Use Commercial: Up to 50 percent land coverage with a 35-foot height limit The Mixed-Use Commercial designation permits a mixture of retail, office, and residential in a mixed-use project, along with lodging, service, autorelated businesses, non-manufacturing industrial uses, recreational uses, and restaurants, and 100 percent affordable residential developments. Projects developed under this designation shall maintain the small- town, residential ATTACHMENT 6 Page 423
ITEM NO. 10.
DIVISION 5. - CH OR RESTRICTED HIGHWAY COMMERCIAL ZONE
[…]
Sec. 29.60.420. - Permitted uses.
(a) Activities allowed in the CH or restricted highway commercial zone are those which do not unreasonably interfere with nearby residential uses and which are in the following categories:
(1) Retailing, including formula retail up to ten thousand (10,000) square feet. (2) Personal service businesses and service businesses necessary for the conduct of households. (3) Office activities.
(4) Limited manufacturing activities when a majority of sales are made on site to the ultimate consumer.
(5) Group classes.
(6) Specialty food retail without alcoholic beverages.
(7) 100 percent affordable residential developments.
(b) Examples of proper CH activities are grocery stores, launderettes or dry-cleaning agencies, drugstores, barbershops, appliance repair shops, and offices. Examples of activities which are not proper in the CH zone are palmists and soothsayers, manufacturing, wholesaling, or laundry or dry-cleaning plants.
[…]
ATTACHMENT 7
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ITEM NO. 10.
PREPARED BY: Wendy Wood
Town Clerk
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: 5/06/2025
ITEM NO: 11
DATE: April 25, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Approve the Revised Town Council Code of Conduct Policy 2-4 and Adopt New Board, Committee, and Commission Code of Conduct Policy RECOMMENDATION:
Staff recommends the Town Council approve the revised Town Council Code of Conduct Policy 2-04 and adopt the new Board, Committee, and Commission Code of Conduct Policy, as recommended by the Policy Committee.
BACKGROUND:
The Town Council currently has an adopted Code of Conduct Policy, which provides guidelines and procedures related to the Town Council's relations and communications with each other Boards and Commissions, the public, the media, and Town staff. In addition, the Policy outlines Council Members’s roles and conduct before, during, and outside of Council meetings, including the specific duties of the Mayor and Vice Mayor. The Policy was last updated October of 2022.
Since that time, questions have arisen regarding communication between Council Members and Commissioners with the media and the public, as well as concerns about the process for handling Code of Conduct complaints and enforcement mechanisms.
In response to these concerns, the Council Policy Committee was tasked with reviewing the Town's Code of Conduct policy. The Committee convened several times this year to discuss potential updates, with the goal of improving clarity and promoting good governance through respectful and transparent conduct among Town officials DISCUSSION:
This year, the Policy Committee held four meetings to review and update the Town’s Code of Conduct. At its January 29, 2025, meeting, the Committee began its review by identifying key
ITEM NO. 11.
PAGE 2 OF 3
SUBJECT: Approve the Revised Town Council Roles and Responsibilities, Including Code of Conduct Policy 2-04 and Adopt the New Board, Committee, and Commission Code of Conduct Policy
DATE: May 6, 2025
areas in the existing policy that could benefit from clarification and enhancement. The Committee agreed that the revised Code should support a respectful and transparent environment, reflect best practices in public governance, and comply with all relevant legal requirements.
On February 25, 2025, the Policy Committee reviewed an initial set of proposed revisions. The Policy Committee recommended several revisions to enhance clarity, consistency, and alignment with legal requirements. The Committee proposed language to promote transparency during public meetings, updates to better align with Fair Political Practices Commission (FPPC) guidelines, and refinements to the enforcement process, including procedures for handling complaints and clarifying roles in the review process. The Committee also supported the inclusion of an annual summary of complaints provided by the Town Attorney or Town Manager. Additionally, the Committee expressed interest in developing a separate Code of Conduct policy tailored specifically for Boards, Committees, and Commissions.
On March 25, 2025, the Policy Committee continued its review of the Town Council Roles and Responsibilities, including Code of Conduct Policy 2-04, and recommended several refinements to improve clarity, reduce redundancy, and ensure alignment with legal and procedural standards. Updates included streamlining the language in the preamble, clarifying the process for selecting a Council Member to act in the place of the Mayor, and refining expectations for communication during public meetings. Additional adjustments were made to improve the consistency and accuracy of legal references, enhance guidelines for Council communication, and clarify that the enforcement process includes a reminder of the potential implications of substantiated violations. With these changes, the Committee recommended the policy be forwarded to Council for consideration and approval.
At its meeting on April 22, 2025, the Committee reviewed the proposed updates to the Board, Committee, and Commission Code of Conduct Policy and provided feedback on key revisions.
The discussion focused on clarifying the role and expectations of Commissioners, including language related to service at the will of the Council, procedures for activities conducted outside of regular meetings, and communication protocols. The Committee supported the recommended changes and reached consensus on forwarding the updated policy to the Town Council for consideration.
CONCLUSION:
The Policy Committee has completed a thorough and thoughtful review of the Town’s Code of Conduct, engaging in a collaborative process over four meetings from January through April 2025. The updated Code of Conduct Policy 2-04 clarifies expectations for the conduct of elected officials and outlines roles and responsibilities that promote effective and respectful governance. The new Code of Conduct Policy for Boards, Committees, and Commissions
ITEM NO. 11.
PAGE 3 OF 3
SUBJECT: Approve the Revised Town Council Roles and Responsibilities, Including Code of Conduct Policy 2-04 and Adopt the New Board, Committee, and Commission Code of Conduct Policy
DATE: May 6, 2025
establishes consistent behavioral standards for appointed officials, encouraging constructive engagement with staff, Council, and the community. Together, these policies provide clear guidance for elected and appointed officials, staff, and the public. Staff recommends that the Town Council consider the Committee’s proposed revisions and approve and adopt the policies.
COORDINATION:
This report was prepared in coordination with the Town Manager and the Town Attorney.
FISCAL IMPACT:
There is no fiscal impact associated with the approval of the proposed policies.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachments:
1. Redline Council Code of Conduct Policy 2-04
2. Current Code of Conduct Policy
3. Draft Boards, Committee, and Commission Code of Conduct Policy
ITEM NO. 11.
COUNCIL POLICY MANUAL
Title: Town Council Roles and Responsibilities,
Including Code of Conduct
Policy Number: 2-04
Effective Date: 5/3/2004 Pages: 8
Enabling Actions: 2004-059; 2006-111;
2021-047
Revised Date: 12/17/2012; 3/3/2015;
12/17/2019; 11/2/2021; 10/04/2022
Approved:
I. Preamble
This Policy sets forth the roles, responsibilities, and Code of Conduct for Council Members. The legal responsibilities of the Los Gatos Town Council are set forth by applicable state and federal laws. In addition, the Town Council has adopted regulations, including this Code of Conduct Policy, that hold Council Members to standards of conduct above and beyond what is required by law. This Policy is written with the assumption that Council Members, through training, are aware of their legal and ethical responsibilities as elected officials. These expectations of conduct also apply to all members of the Town’s Boards, Committees, and Commissions.
II. Council-Manager Form of Government
The Town of Los Gatos operates under a Council-Manager form of government as prescribed by Town Code, Section 2.30.305. Accordingly, members of the Council are elected at-large, provide legislative direction, set Town policy, and ultimately answer to the public. The Town Manager serves as the Town’s chief administrative officer and is responsible for directing the day-to-day operations of the Town and implementing policy direction.
III. Town Council Roles and Responsibilities
The role of the Town Council is to act as a legislative and quasi-judicial body. Through its legislative and policy authority, the Council is responsible for assessing and achieving the community’s desire for its present and future and for establishing policy direction to achieve its desired outcomes. All members of the Town Council, including those who serve as Mayor and Vice Mayor, have equal votes.
Members of the Town Council fulfill their role and responsibilities through the relationships they have with each other and the public. Town Council Members should approach their work, each other, and the public in a manner that reflects ethical behavior, honesty and integrity. The commitment of Town Council Members to their work is characterized by open constructive communication, innovation, and creative problem solving.
Small Town Service Community Stewardship Future Focus
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ITEM NO. 11.
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IV. Mayoral and Vice Mayoral Selection Process
Per Town Municipal Code, Section 2.20.035, the selection of the Mayor and Vice Mayor occurs annually at a special meeting in December by majority vote of the Town Council. The Mayor and Vice Mayor serve at the pleasure of the Town Council and may be replaced by a majority vote of the Council.
V. Mayoral and Vice Mayoral Roles, Responsibilities, Relationships The following outlines some of the key roles, responsibilities, and relationships as they relate to the positions of Mayor and Vice Mayor:
Mayor
A. The Mayor is the presiding officer of the Town Council. In this capacity, the Mayor is responsible for developing Council agendas in cooperation with the Town Manager and leading Council meetings.
B. The Mayor recommends various standing committee appointments to the Council for approval.1 This will be done at a Council meeting in December of each year. When making committee recommendations, the Mayor should attempt to balance shared responsibilities and opportunities among Council Members. The Mayor may also appoint citizens to committees not established by Town ordinance or resolution as s/hethe Mayor deems appropriate.
C. With regard to decisions made by a majority of the Town Council, Tthe title of Mayor is responsible for carries with it the responsibility of communicating with the Town Council, Town Manager, members of the public, and the media regarding decisions made by a majority of the Town Council. The Mayor also represents the Council at official and ceremonial occasions.
D. The Mayor performs special duties consistent with the Mayoral office, including, but not limited to: signing of documents on behalf of the Town, issuing proclamations, serving as the official voting delegate for various municipal advocacy groups, and delivering the State of the Town Address at his or her discretion.2 The Town Council will determine any additional authority or duties that the Mayor shall perform.
E. Special duties consistent with the Mayoral office may be delegated to the Vice Mayor or any other member of the Town Council. in the absence of the Mayor. If the Vice Mayor is unavailable, the duties of the Mayor will be delegated to another Council Member in order of seniority. If those Council Members are of equal seniority, one of them will be selected by alphabetical order.
F. In the event that one or more members of a Town Board, Commission, or Committee acts in a manner contrary to approved Board/Commission policies and procedures, the 1 Council Agenda Format and Rules Policy
2 Council Commendation and Proclamation policy
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Mayor may counsel those members about the rules set forth in the Town Commissioner Handbook.3
Vice Mayor
A. In the Mayor’s absence, the Vice Mayor shall perform the formal duties of the Mayor.4 B. If the Vice Mayor is unavailable, the duties of the Mayor will be delegated to another Council Member in order of seniority. If those Council Members are of equal seniority, one of them will be selected by alphabetical order.When the Vice Mayor performs the duties of the Mayor in his/her absence, the Vice Mayor also carries the responsibility of communicating with the Town Manager, Town Council, and members of the public.
VI. Council Conduct in Public Meetings
To ensure the highest standards of respect and integrity during public meetings, Council Members should:
A. Use formal titles. The Council should refer to one another formally during Council meetings such as Mayor, Vice Mayor or Council Member or Mr., Mrs., or Ms., followed by the individual’s last name.
B. Practice civility and decorum in discussions and debate. Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of free democracy in action. During public discussions, Council Members should be respectful of others and diverse opinions and allow for the debate of issues.
C. Honor the role of the presiding officer in maintaining order and equity. Respect the Mayor/Chair's efforts to focus discussion on current agenda items.
D. Council decisions should be reserved until all applicable information has been presented.
E. Conduct during public hearings. During public testimony, Council Members should refrain from engaging the speaker in dialogue. Speakers at public meetings will be asked to provide their full name and to state whether they are a resident of the Town of Los Gatos. This information is optional but not required. For purposes of clarification, Council Members may ask the speaker questions. Council comments and discussion should commence upon the conclusion of all public testimony.
F. Council Members shall not text or otherwise communicate privately with any public official or member of the public regarding matters relevant to the items on the agenda while on the dais.
VII. Maintaining Civility at Council Meetings
The public is welcome to participate at Town Council meetings and the Mayor should remind the public of the Town’s expectations for civility in order for the business of the Town to be completed efficiently and effectively. These expectations include and are not limited to:
3 Resolution 1999-167 4 Council Agenda Format and Rules Policy
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A. For the benefit of the entire community, the Town of Los Gatos asks that all speakers follow the Town’s meeting guidelines by treating everyone with respect and dignity. This is done by following meeting guidelines set forth in State law, in the Town Code, and on the cover sheet of the Council agenda.
B. The Town embraces diversity and strongly condemns hate speech and offensive, hateful language or racial intolerance of any kind at Council Meetings.
C. Town Council and staff are well aware of the public’s right to disagree with their professional opinion on various Town issues. However, anti-social behavior, slander, hatred, and bigotry statements are completely unacceptable and will not be tolerated in any way, shape or form at Town Council meetings.
D. All public comments at the Town Council meeting must pertain to items within the subject matter jurisdiction of the Town and shall not contain slanderous statements, hatred, and bigotry against non-public officials.
E. The Town will go through the following steps if a disturbance results from a member of the public not following these rules:
1. If participating remotely, Town staff may mute the individual with an explanation for the record of why muting occurred consistent with this Policy.
2. If participating in-person, the Mayor may call a recess for violation of this Policy, resulting in the immediate cessation of the audio and video recording and the Council exiting the Chamber. Staff will determine if the individual should be removed or if all members of the public should leave depending on the extent of the disturbance. In the event that all public members exit, only the press would be allowed back in the meeting. Once the individual(s) leave, the Council would return to the Chamber and the Mayor would resume the meeting.
3. Persons disrupting a Council meeting may be cited for violation of the California Penal Code Section 403.
VIII. Legal Requirements
The Town Council operates under a series of laws that regulate its operations as well as the conduct of its members. The Town Attorney serves as the Town’s legal officer and is available to advise the Council on these matters.
A. Training
Biannual training in the following areas shall be provided by staff to Council Members:
1. The Ralph M. Brown Act
2. Town / CA State Law on Conflict of Interest (AB 1234)
3. Government Section 1090
4. Incompatible Offices
5. The Fair Political Practices Commission Forms
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6. Bias
7. Town / CA State Law on Harassment (SB 1343)
B. Procurement
Unless authorized by the Town Council, Council Members shall not become involved in administrative processes for acquiring goods and services.
C. Land Use Applications
1. Ex parte communications. The merits of an application shall only be evaluated on information included in the public record. Council Members shall disclose ex parte communication and any information obtained outside of the public record that may influence his/her decision on a matter pending before the Town Council. Council disclosure shall occur after the Public Hearing section of the agenda, and before Council deliberations.
1.2. Quasi-Judicial Decisions. Council Members may not offer an opinion indicating that a preliminary decision has been reached prior to the public hearing or make any statements indicating bias. Quasi-judicial statements are those in which a decisionmaker is required to render a decision by applying the law to particular facts presented at a hearing on the matter. Examples of quasi-judicial decisions are certain land use entitlements, permit appeals, and license revocations.
D. Code of Conduct Policy
Newly elected Council Members are strongly encouragedrequired to sign a statement affirming they have read and understand the Town of Los Gatos Council Code of Conduct Policy.
E. Non-Profit Organizations
Council Members may not sit on boards of directors of non-profit organizations which receive funding or in-kind contributions from the Town, unless the role serves Council Member is uncompensated, the non-profit organization supports a legitimate Town purpose, such as the League of California Cities, and the participation is approved by the fulla majority of the Council., the interest is noted in the Town’s official records, and the Council Member recuses himself or herself from any Town Council decisions affecting the non-profit.
IX. Council Participation in Boards, Commissions and Committees, and Reporting Requirements
There are several committees that Town Council Members have been appointed to or have an interest in, including but not limited to: Town Council standing and ad hoc committees, Town boards and commissions, regional boards and commissions, and community-generated committees.
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TITLE: Town Council Code of Conduct
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Primary Council representatives should update the Council about board, commission, and committee activities. When serving as the primary Council representative on any board, commission, or committee, Council Members should periodically provide updated reports to the Council during the “Council Matters” opportunity on the Council meeting agenda.
Recommended actions by Council Committees should be reported to the Council. When serving on a Council Committee, whether standing or ad hoc, all work undertaken by the Committee must be directed by the Council, and all recommended actions of a Council Committee shall be reported to the Council.
X. Council Relationship with Town Staff
The Town Council has adopted a Council-Manager form of government. The Town Manager’s powers and duties are outlined in the Town Code, Section 2.30.295.
Council Conduct and Communication with Town Staff
To enhance its working relationship with staff, Council should be mindful of the support and resources needed to accomplish Council goals. When communicating and working with staff, Council should follow these guidelines:
A. Council Members should treat staff as professionals. Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. As with Council colleagues, practice civility and decorum in all interactions with Town staff.
B. Council Members should direct questions about policy, budget, or professional opinion to the Town Manager, Town Attorney or Department Directors. Council Members can direct questions and inquiries to any staff for information that is readily available to the general public or easily retrievable by staff.
C. The Town Manager and staff are responsible for implementing Town policy and/or Council action. The processing of Council policy and decisions takes place with the Town Manager and staff. Council should not direct policy/program administrative functions and implementation; rather it should provide policy guidance to the Town Manager.
D. Council Members should attempt to communicate questions, corrections, and/or clarifications about reports requiring official action to staff prior to Council meetings. Early feedback will enable staff to address Council questions and incorporate minor corrections or changes to a Council report, resulting in a more efficient Council meeting discussion; however, this does not preclude Council Members from asking questions at Council Meetings.
E. Council Members should not direct the Town Manager to initiate any action, change a course of action, or prepare any report without the approval of Council. The Town Manager’s responsibility is to advise on resources available and required for a particular course of action as it relates to the direction of the majority of the Council.
F. Council Members should not attend department staff meetings unless requested by the Town Manager.
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G. All Council Members should have the same information with which to make decisions.
Information requested by one Council Member will be shared with all members of the Council.
H. Concerns related to the behavior or work of a Town employee should be directed to the Town Manager. Council Members should not reprimand employees.
I. Per California Government Code, Sections 3201-3209, Council Members should not solicit financial contributions from Town staff or use promises or threats regarding future employment. Although Town staff may, as private citizens with constitutional rights, support political candidates, such activities cannot take place during work hours, at the workplace, or in uniform.
XI. Council Communication with the Public and other Council Members The Public has a reasonable expectation that it may engage its Council Members on matters of community concern. In response, Council Members may express a preliminary opinion on general issues or policies that are in the development phase, but not quasi-judicial decisions prior to the public hearing. Any such preliminary statement shall not indicate that a decision has been reached before the public hearing or create a presumption of bias on any quasiadjudicatory decision such as a land use approval. In addition, Council Members may from time to time express opinions regarding broad policy matters which may be in conflict with currently adopted Council policies or explain an individual vote. Such statements , including those made on behalf of another elected official, public agency, state agency, or political subdivision, are permissible if clearly characterized as personal opinion or policy change objectives rather than the opinion of the full Town Council. A Council Member shall communicate in a manner that clearly and explicitly conveys that such communication is provided as an individual and does not in any way represent communication on behalf of the Town or represent the position of the Town Council, or Town staff except as otherwise authorized under section V.(C). Town Council Members may speak at community events so long as they make it clear that they do not represent the Town Council as a whole. This can be accomplished by using language such as:
“Speaking for myself and not on behalf of the Town Council, . . .
XII. Enforcement
A. Purpose
The Council Code of Conduct Policy establishes guiding principles for appropriate conduct and behavior and sets forth the expectations of Council Members. The purpose of the policy language is to establish a process and procedure that: This section describes a process to:
1. Allows the public, Town Council, and Town employees to report Code of Conduct policy violations or other misconduct.
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2. Provides guidelines to evaluate Code of Conduct policypotential violations or other misconduct and implement appropriate disciplinary action when necessaryand implement appropriate disciplinary action when necessary.
B. Procedures
1. Reporting of Complaints
a. Complaints by the Public
i. Complaints regarding a Council Member must be submitted in writing to the Mayor.
ii. If the complaint concerns the Mayor, it must be submitted in writing to the Vice Mayor.
iii. The complaint shall also be copied and forwarded to the Mayor. b. Complaints by Council Members
i. A Council Member who wishes to file a complaint about another Council Member must submit it in writing to the Mayor.
ii. If the complaint is about the Mayor, it must be submitted to the Vice Mayor. iii. The complaint should also be copied and forwarded to the Town Manager and Town Attorney.
c. Complaints by Town Employees
i. Town employees must submit complaints in writing to the Mayor. ii. If the complaint is about the Mayor, it must be submitted to the Vice Mayor. iii. If the Town Manager or Town Attorney receives a complaint, they shall forward it directly to the Mayor (or Vice Mayor if the complaint is against the Mayor). Neither the Town Manager nor the Town Attorney should make any substantive determination regarding the complaint.
iv. The complaint should also be copied and forwarded to the Town Manager and Town Attorney.
d. Notification to the Subject Council Member
i. Within three (3) business days of receipt, the subject Council Member shall receive notice of the complaint from the Mayor, including:
1. A copy of the complaint and any supporting documentation;
2. The identity of the complainant (unless protected by law); and
3. The nature of the alleged violation.
2. Preliminary Evaluation
a. Establishment of Ad Hoc Committee
i. The Mayor shall promptly form an ad hoc committee to evaluate complaints about Council Members.
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ii. The ad hoc committee will consist of the Mayor and one rotating Council Member to be selected in alphabetical order.
iii. If the Mayor is the subject of the complaint, the Vice Mayor shall form an ad hoc committee to evaluate the complaint.
iv. At this stage, an ad hoc committee of no more than two Council Members will review the complaint. The Town Manager and Town Attorney will be included in any committee meetings in an administrative capacity only to facilitate the committee’s needs and at no times will be required to make decisions regarding the complaints.
b. Initial Determination
i. After reviewing the written complaint, the ad hoc committee shall determine whether the complaint:
1. Lacks substance (unsubstantiated)
2. Involves a minor violation
3. Potentially involves a major violation
3. Determining Severity
a. Unsubstantiated or Minor Violations
i. A minor violation is a breach of the Code of Conduct that does not significantly impair the functioning, reputation, or integrity of the Town or its governance processes. These violations typically involve isolated incidents that are unintentional or stem from a misunderstanding of procedures, policies, or expectations. Examples of minor violations include, but are not limited to:
1. Unprofessional or discourteous communication in a non-public setting.
2. Failure to comply with procedural requirements in meetings or decisionmaking.
3. Negligent, but not malicious, failure to disclose conflicts of interest when no substantial harm occurs.
4. Minor breaches of decorum during public meetings that do not disrupt proceedings.
ii. If the ad hoc committee finds the complaint unsubstantiated, no further action is taken.
iii. If the ad hoc committee determines that the complaint involves a minor violation, the Mayor (or Vice Mayor) may privately admonish or counsel the subject Council Member to address and correct the behavior.
1. Admonishment is a warning to a Council Member about behavior that violates Town policy.
b. Potential Major Violations
i. A major violation is a significant breach of the Code of Conduct that compromises public trust, damages the Town’s reputation, disrupts governance, or results in legal, financial, or operational risks to the Town.
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These violations typically involve intentional, repeated, or grossly negligent actions. Examples of major violations include, but are not limited to:
1. Persistent or egregious unprofessional behavior toward staff, colleagues, or the public.
2. Engaging in actions that create substantial conflicts of interest or violate state or federal laws, including ethics laws.
3. Deliberately making false or misleading statements that undermine public trust or decision-making processes.
4. Conduct that disrupts public meetings in a manner that prevents the effective functioning of Town governance.
5. Misuse of Town resources, authority, or influence for personal gain or to harm others.
6. Criminal conduct.
ii. If the Ad Hoc Committee believes the complaint may involve a major violation, they shall direct the Town Attorney to engage outside legal counsel to conduct an investigation.
1. The Town Attorney’s role is limited to administratively securing the contract with outside counsel; the Town Attorney does not participate in determining the outcome or findings.
iii. The outside legal counsel shall conduct interviews, collect evidence, and prepare a written report with findings and recommendations. iv. Upon completion, the final report is delivered to the Mayor (or Vice Mayor if the Mayor is the subject of the complaint) with a copy to the Town Manager and Town Attorney. The Town Attorney will also serve as the record keeper of all relevant records involving any complaint and/or investigation involving Council members and commissioners.
4. Final Action on Investigations
a. Receipt of the Investigation Report
i. The Mayor (or Vice Mayor) shall promptly review the final written report from the outside legal counsel.
b. Decision on Next Steps
i. If the report does not substantiate a major violation, the Mayor (or Vice Mayor) may close the matter without further action.
ii. If the report substantiates a major violation or otherwise recommends further proceedings, the Mayor (or Vice Mayor) shall:
1. Notify the subject Council Member in writing. If there will be disciplinary proceedings, the report would be disclosed.
2. Determine whether to present the matter to the Council for potential disciplinary proceedings.
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iii. When appropriate, the complainant will receive notification of the disposition of their complaint when the process is complete. A minor violation notification will state the matter has been resolved and major violation notification will include the next steps.
5. Annual Summary
a. Town Attorney or Town Manager to provide an annual summary of all open and closed complaints.
C. Disciplinary Action
1. Considerations for Disciplinary Action
The Council may impose disciplinary action when a major violation of the Council Code of Conduct Policy has occurred. In determining the appropriate sanction, the Council may consider:
a. Nature of the violation;
b. Any prior violations by the same Council Member; or
c. Other relevant factors that bear on the seriousness of the misconduct.
2. Types of Sanctions
One or more of the following sanctions may be imposed on a Council member at the Council’s discretion:
a. Public Admonishment
A warning directed publicly at a Council Member regarding specific behavior. b. Revocation of Special Privileges
Temporary or permanent removal of committee assignments, board or commission appointments, official travel privileges, conference attendance, or ceremonial titles such as Mayor or Vice Mayor.
c. Censure
A formal statement or resolution by the Council officially reprimanding a Council Member.
d. Mayoral and Vice Mayoral Selection Process
Per Town Municipal Code, Section 2.20.035, the selection of the Mayor and Vice Mayor occurs annually at a special meeting in December by majority vote of the Town Council.
D. Town Council Consideration of Discipline
1. If the matter is serious enough for discipline, the Council shall consider the investigative findings.
2. Any public hearing regarding that discipline shall not be adversarial and would be discussed at a public hearing related to the Council Member.
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3. As allowed under section 2.20.035 of the Town Code, the Mayor and Vice Mayor selection occurs on an annual basis, and any substantiated violation may have a bearing on the Council's decision at that time.
E. Conflicts
1. If the complaint is against the Mayor, all responsibilities assigned to the Mayor in this section are carried out by the Vice Mayor.
2. If both the Mayor and Vice Mayor have conflicts (e.g., both involved in the complaint), then the longest-serving uninvolved Council Member shall step in to fulfill these duties.
F. Complaints Related to Matters Under Jurisdiction of Other Bodies Nothing in this policy will take the place of investigation of matters subject to the laws and regulations of other bodies. In the case that another body is conducting an investigation, the Town may use the findings of the other body’s investigation in place of the Town’s investigation for the purposes of this policy.
The following section outlines the process for reporting Council Member Code of Conduct Policy violations or other misconduct:
a. Complaints made by members of the public, the Town Manager, and Town Attorney should be reported to the Mayor. If a complaint involves the Mayor, it should be reported to the Vice Mayor.
b. Complaints made by Council Members should be reported to the Town Manager or Town Attorney to adhere to Brown Act requirements.
c. Complaints made by Town employees should be reported to the Town Manager, who will direct them to the Mayor or Vice Mayor.
2. Unsubstantiated or Minor Violations
If the majority of the Committee agrees that the reported violation is without substance, no further action will be taken. If the reported violation is deemed valid but minor in nature, the Mayor or Vice Mayor shall counsel and, if appropriate, admonish the Council Member privately to resolve the matter. Admonishment is considered to be a reproof or warning directed to a Council Member about a particular type of behavior that violates Town policy.
3. Allegations of Major Violations
If the reported violation is considered to be serious in nature, the matter shall be referred to outside legal counsel selected by the Committee for the purpose of conducting an initial interview with the subject Council Member. The outside counsel shall report his/her initial findings back to the Committee.
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TITLE: Town Council Code of Conduct
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If the Committee then determines that an investigation is warranted, the Committee shall direct the outside legal counsel to conduct an investigation. The investigation process would include, but is not limited to, the ascertainment of facts relevant to the complaint through interviews and the examination of any documented materials.
4. Report of Findings
At the conclusion of the investigation, outside legal counsel shall report back to the Committee in writing. The report shall either (1) recommend that the Council Member be exonerated based on a finding that the investigation did not reveal evidence of a serious violation of the Code of Conduct, or (2) recommend disciplinary proceedings based on findings that one or more provisions of the Code of Conduct or other Town policies have been violated. In the latter event, the report shall specify the provisions violated along with the facts and evidence supporting each finding.
The Committee shall review the report and its recommendations. If the consensus of the Committee is to accept the report and recommendations, the Committee shall implement the recommendations. Where the recommendation is exoneration, no further action shall be taken. Where the recommendation is to initiate disciplinary proceedings, the matter shall be referred to the Council. Where there is no consensus of the Committee regarding the recommendations, the matter shall be referred to the Council.
The subject Council Member shall be notified in writing of the Committee’s decision within 72 hours. Where the decision is to refer the matter to the Council, a copy of the full report, including documents relied on by the investigator shall be provided with the notification, and a copy of both shall be provided to the whole Council.
5. Proceedings
Investigative findings and recommended proceedings and disciplinary action that are brought forward to Council as a result of a significant policy violation shall be considered at a public hearing. The public hearing should be set far enough in advance to allow the Council Member in question reasonably sufficient time to prepare a response.
Investigative findings shall be presented to the Town Council at a public hearing. The rules of evidence do not apply to the public hearing. It shall not be conducted as an adversarial proceeding.
ITEM NO. 11.
TITLE: Town Council Code of Conduct
Page:
14 Policy Number:
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6. Disciplinary Action
1. Considerations in Determining Disciplinary Action
Disciplinary action may be imposed by Council upon Council Members who have violated the Council Code of Conduct Policy. Disciplinary action or sanctions are considered when a serious violation of Town policy has occurred by a Council Member. In determining the type of sanction imposed, the following factors may be considered:
a. Nature of the violation
b. Prior violations by the same individual
c. Other factors which bear upon the seriousness of the violation
2. Types of Sanctions
At the discretion of the Council, sanctions may be imposed for violating the Code of Conduct or engaging in other misconduct. These actions may be applied individually or in combination. They include, but are not limited to:
a. Public Admonishment – A reproof or warning directed to a Council Member about a particular type of behavior that violates Town policy. b. Revocation of Special Privileges – A revocation of a Council Member’s Council Committee assignments, including standing and ad hoc committees, regional boards and commissions, and community-generated board/committee appointments. Other revocations may include temporary suspension of official travel, conference participation, and ceremonial titles. c. Censure – A formal statement or resolution by the Council officially reprimanding a Council Member.
APPROVED AS TO FORM:
Gabrielle Whelan, Town Attorney
ITEM NO. 11.
TITLE: Town Council Code of Conduct
EFFECTIVE DATE: 5/3/2004
ENABLING ACTIONS: 2004-059; 2006-
111; 2021-047
APPROVED:
I. Preamble
POLICY NUMBER: 2-04
PAGES: 8
REVISED DATES: 12/17/2012; 3/3/2015;
12/17/2019; 11/2/2021; 10/4/2022
The legal responsibilities of the Los Gatos Town Council are set forth by applicable state and federal laws. In addition, the Town Council has adopted regulations, including this Code of Conduct Policy, that hold Council Members to standards of conduct above and beyond what is required by law. This Policy is written with the assumption that Council Members, through training, are aware of their legal and ethical responsibilities as elected officials. These expectations of conduct also apply to all members of the Town's Boards, Committees, and Commissions.
II. Form of Government
The Town of Los Gatos operates under a Council-Manager form of government as prescribed by Town Code, Section 2.30.305. Accordingly, members of the Council are elected at-large, provide legislative direction, set Town policy, and ultimately answer to the public. The Town Manager serves as the Town's chief administrative officer and is responsible for directing the day-to-day operations of the Town and implementing policy direction.
Ill. Town Council Roles and Responsibilities
The role of the Town Council is to act as a legislative and quasi-judicial body. Through its legislative and policy authority, the Council is responsible for assessing and achieving the community's desire for its present and future and for establishing policy direction to achieve its desired outcomes. All members of the Town Council, including those who serve as Mayor and Vice Mayor, have equal votes.
Members of the Town Council fulfill their role and responsibilities through the relationships they have with each other and the public. Town Council Members should approach their work, each other, and the public in a manner that reflects ethical behavior, honesty and integrity. The commitment of Town Council Members to their work is characterized by open constructive communication, innovation, and creative problem solving.
ATTACHMENT 2
ITEM NO. 11.
TITLE: Town Council Code of Conduct
IV. Mayoral and Vice Mayoral Selection Process
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Per Town Municipal Code, Section 2.20.035, the selection of the Mayor and Vice Mayor occurs annually at a special_meeting in December by majority vote of the Town Council. The Mayor and Vice Mayor serve at the pleasure of the Town Council and may be replaced by a majority vote of the Council.
V. Mayoral and Vice Mayoral Roles, Responsibilities, Relationships The following outlines some of the key roles, responsibilities, and relationships as they relate to the positions of Mayor and Vice Mayor:
Mayor •. "\
, .
A. The Mayor is the presiding officer of the Town Council. In this capacity, the Mayor is responsible for developing Council agendas in cooperation with the Town Manager and leading Council meetings.
B. The Mayor recommends various standing committee appointments to the Council for approval.1 This will be done at a Council meeting in December of each year. When making committee recommendations, the Mayor should attempt to balance shared responsibilities and opportunities among Council Members. The Mayor may also appoint citizens to committees not established by Town ordinance or resolution as s/he deems appropriate.
C. The title of Mayor carries with it the responsibility of communicating with the Town Council, Town Manager, members of the public, and the media regarding decisions made by a majority of the Town Council. The Mayor also represents the Council at official and ceremonial occasions.
D. The Mayor performs special duties consistent with the Mayoral office, including, but not limited to: signing of documents on behalf of the Town, issuing proclamations, serving as the official voting delegate for various municipal advocacy groups, and delivering the State of the Town Address at his or her discretion.2 The Town Council will determine any additional authority or duties that the Mayor shall perform.
E. Special duties consistent with the Mayoral office may be delegated to the Vice Mayor or any other member of the Town Council.
F. In the event that one or more members of a Town Board, Commission, or Committee acts in a manner contrary to approved Board/Commission policies and procedures, the Mayor may counsel those members about the rules set forth in the Town Commissioner Handbook.3
1 Council Agenda Format and Rules Policy
2 Council Commendation and Proclamation Policy
3 Resolution 1999-167
ITEM NO. 11.
TITLE: Town Council Code of Conduct
Vice Mayor
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A. In the Mayor's absence, the Vice Mayor shall perform the formal duties of the Mayor.4 B. When the Vice Mayor performs the duties of the Mayor in his/her absence, the Vice Mayor also carries the responsibility of communicating with the Town Manager, Town Council, and members of the public.
VI. Council Conduct in Public Meetings
To ensure the highest standards of respect and integrity during public meetings, Council Members should:
A. Use formal titles. The Council should refer to one another formally during Council meetings such as Mayor, Vice Mayor or Council Member or Mr., Mrs., or Ms., followed by the individual's last name.
B. Practice civility and decorum in discussions and debate. Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of free democracy in action. During public discussions, Council Members should be respectful of others and diverse opinions and allow for the debate of issues.
C. Honor the role of the presiding officer in maintaining order and equity. Respect the Mayor/Chair's efforts to focus discussion on current agenda items.
D. Council decisions should be reserved until all applicable information has been presented.
E. Conduct during public hearings. During public testimony, Council Members should refrain from engaging the speaker in dialogue. Speakers at public meetings will be asked to provide their full name and to state whether they are a resident of the Town of Los Gatos. This information is optional but not required. For purposes of clarification, Council Members may ask the speaker questions. Council comment and discussion should commence upon the conclusion of all public testimony VII. Maintaining Civility at Council Meetings
The public is welcome to participate at Town Council meetings and the Mayor should remind the public of the Town's expectations for civility in order for the business of the Town to be completed efficiently and effectively. These expectations include and are not limited to:
A. For the benefit of the entire community, the Town of Los Gatos asks that all speakers follow the Town's meeting guidelines by treating everyone with respect and dignity. This is done by following meeting guidelines set forth in State law, in the Town Code, and on the cover sheet of the Council agenda.
B. The Town embraces diversity and strongly condemns hate speech and offensive, hateful language or racial intolerance of any kind at Council Meetings. 4 Council Agenda Format and Rules Policy
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C. Town Council and staff are well aware of the public's right to disagree with their professional opinion on various Town issues. However, anti-social behavior, slander, hatred, and bigotry statements are completely unacceptable and will not be tolerated in any way, shape or form at Town Council meetings.
D. All public comments at the Town Council meeting must pertain to items within the subject matter jurisdiction of the Town and shall not contain slanderous statements, hatred, and bigotry against non-public officials.
E. The Town will go through the following steps if a disturbance results from a member of the public not following these rules:
1. If participating remotely, Town staff may mute the individual with an explanation for the record of why muting occurred consistent with this Policy.
2. If participating in-person, the Mayor may call a recess for violation of this Policy, resulting in the immediate cessation of the audio and video recording and the Council exiting the Chamber. Staff will determine if the individual should be removed or if all members of the public should leave depending on the extent of the disturbance. In the event that all public members exit, only the press would be allowed back in the meeting. Once the individual(s) leave, the Council would return to the Chamber and the Mayor would resume the meeting.
3. Persons disrupting a Council meeting may be cited for violation of the California Penal Code Section 403.
VIII. Legal Requirements
The Town Council operates under a series of laws that regulate its operations as well as the conduct of its members. The Town Attorney serves as the Town's legal officer and is available to advise the Council on these matters.
A. Training
Biannual training in the following areas shall be provided by staff to Council Members:
1. The Ralph M. Brown Act
2. Town/ CA State Law on Conflict of Interest (AB 1234)
3. Government Section 1090
4. Incompatible Offices
5. The Fair Political Practices Commission Forms
6. Bias
7. Town/ CA State Law on Harassment (SB 1343)
B. Procurement
Unless authorized by the Town Council, Council Members shall not become involved in administrative processes for acquiring goods and services.
ITEM NO. 11.
TITLE: Town Council Code of Conduct
C. Land Use Applications
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POLICY NUMBER:
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The merits of an application shall only be evaluated on information included in the public record. Council Members shall disclose ex parte communication and any information obtained outside of the public record that may influence his/her decision on a matter pending before the Town Council. Council disclosure shall occur after the Public Hearing section of the agenda, and before Council deliberations.
D. Code of Conduct Policy
Newly elected Council Members are strongly encouraged to sign a statement affirming they have read and understand the Town of Los Gatos Council Code of Conduct Policy.
E. Non-Profit Organizations
Council Members may not sit on boards of directors of non-profit organizations which receive funding or in-kind contributions from the Town, unless the role serves a legitimate Town purpose, such as the League of California Cities, and the participation is approved by the full Council.
IX. Council Participation in Boards, Commissions and Committees, and Reporting Requirements
There are several committees that Town Council Members have been appointed to or have an interest in, including but not limited to: Town Council standing and ad hoc committees, Town boards and commissions, regional boards and commissions, and community-generated committees.
Primary Council representatives should update the Council about board, commission, and committee activities. When serving as the primary Council representative on any board, commission, or committee, Council Members should periodically provide updated reports to the Council during the "Council Matters" opportunity on the Council meeting agenda.
Recommended actions by Council Committees should be reported to the Council. When serving on a Council Committee, whether standing or ad hoc, all work undertaken by the Committee must be directed by the Council, and all recommended actions of a Council Committee shall be reported to the Council.
X. Council Relationship with Town Staff
The Town Council has adopted a Council-Manager form of government. The Town Manager's powers and duties are outlined in the Town Code, Section 2.30.295.
Council Conduct and Communication with Town Staff
To enhance its working relationship with staff, Council should be mindful of the support and resources needed to accomplish Council goals. When communicating and working with staff, Council should follow these guidelines:
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A. Council Members should treat staff as professionals. Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. As with Council colleagues, practice civility and decorum in all interactions with Town staff.
B. Council Members should direct questions about policy, budget, or professional opinion to the Town Manager, Town Attorney or Department Directors. Council Members can direct questions and inquiries to any staff for information that is readily available to the general public or easily retrievable by staff.
C. The Town Manager and staff are responsible for implementing Town policy and/or Council action. The processing of Council policy and decisions takes place with the Town Manager and staff. Council should not direct policy/program administrative functions and implementation; rather it should provide policy guidance to the Town Manager.
D. Council Members should attempt to communicate questions, corrections, and/or clarifications about reports requiring official action to staff prior to Council meetings.
Early feedback will enable staff to address Council questions and incorporate minor corrections or changes to a Council report, resulting in a more efficient Council meeting discussion; however, this does not preclude Council Members from asking questions at Council Meetings.
E. Council Members should not direct the Town Manager to initiate any action, change a course of action, or prepare any report without the approval of Council. The Town Manager's responsibility is to advise on resources available and required for a particular course of action as it relates to the direction of the majority of the Council.
F. Council Members should not attend department staff meetings unless requested by the Town Manager.
G. All Council Members should have the same information with which to make decisions.
Information requested by one Council Member will be shared with all members of the Council.
H. Concerns related to the behavior or work of a Town employee should be directed to the Town Manager. Council Members should not reprimand employees.
I. Per California Government Code, Sections 3201-3209, Council Members should not solicit financial contributions from Town staff or use promises or threats regarding future employment. Although Town staff may, as private citizens with constitutional rights, support political candidates, such activities cannot take place during work hours, at the workplace, or in uniform.
XI. Council Communication with the Public and other Council Members The Public has a reasonable expectation that it may engage its Council Members on matters of community concern. In response, Council Members may express a preliminary opinion on general issues or policies that are in the development phase. Any such preliminary statement shall not indicate that a decision has been reached before the public hearing or create a presumption of bias on any quasi-adjudicatory decision such as a land use approval. In addition, Council Members may from time to time express opinions regarding broad policy matters which may be in conflict with currently adopted Council policies or explain an individual vote. Such
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statements are permissible if clearly characterized as personal opinion or policy change objectives rather than the opinion of the full Town Council.
XII. Enforcement
A. Purpose
The Council Code of Conduct Policy establishes guiding principles for appropriate conduct and behavior and sets forth the expectations of Council Members. The purpose of the policy language is to establish a process and procedure that:
1. Allows the public, Town Council, and Town employees to report Code of Conduct policy violations or other misconduct.
2. Provides guidelines to evaluate Code of Conduct policy violations or other misconduct and implement appropriate disciplinary action when necessary.
B. Procedures
1. Reporting of Complaints
The following section outlines the process for reporting Council Member Code of Conduct Policy violations or other misconduct:
a. Complaints made by members of the public, the Town Manager, and Town Attorney should be reported to the Mayor. If a complaint involves the Mayor, it should be reported to the Vice Mayor.
b. Complaints made by Council Members should be reported to the Town Manager or Town Attorney to adhere to Brown Act requirements. c. Complaints made by Town employees should be reported to the Town Manager, who will direct them to the Mayor or Vice Mayor.
2. Evaluation of Complaints Alleging Violations
Upon report of a written complaint, the Town Manager and Town Attorney will join the Mayor or Vice Mayor as an evaluation committee to determine the validity of the complaint and, if appropriate, an initial course of action as discussed below.
If the Town Manager or Town Attorney is the complainant, the longest serving uninvolved Council Member will replace the Town Manager or Town Attorney on the evaluation committee.
Within seventy-two (72) hours of receipt of the complaint by the Mayor or Vice Mayor, the Council Member in question shall be notified of the reported complaint by the Mayor or his/her designee. The notification shall include a copy of the written complaint and supporting documentation, if any, the identity of the complainant and nature of the complaint.
ITEM NO. 11.
TITLE: Town Council Code of Conduct
3. Unsubstantiated or Minor Violations
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If the majority of the Committee agrees that the reported violation is without substance, no further action will be taken. If the reported violation is deemed valid but minor in nature, the Mayor or Vice Mayor shall counsel and, if appropriate, admonish the Council Member privately to resolve the matter. Admonishment is considered to be a reproof or warning directed to a Council Member about a particular type of behavior that violates Town policy.
4. Allegations of Major Violations
If the reported violation is considered to be serious in nature, the matter shall be referred to outside legal counsel selected by the Committee for the purpose of conducting an initial interview with the subject Council Member. The outside counsel shall report his/her initial findings back to the Committee.
If the Committee then determines that an investigation is warranted, the Committee shall direct the outside legal counsel to conduct an investigation. The investigation process would include, but is not limited to, the ascertainment of facts relevant to the complaint through interviews and the examination of any documented materials.
5. Report of Findings
At the conclusion of the investigation, outside legal counsel shall report back to the Committee in writing. The report shall either (1) recommend that the Council Member be exonerated based on a finding that the investigation did not reveal evidence of a serious violation of the Code of Conduct, or (2) recommend disciplinary proceedings based on findings that one or more provisions of the Code of Conduct or other Town policies have been violated. In the latter event, the report shall specify the provisions violated along with the facts and evidence supporting each finding.
The Committee shall review the report and its recommendations. If the consensus of the Committee is to accept the report and recommendations, the Committee shall implement the recommendations. Where the recommendation is exoneration, no further action shall be taken. Where the recommendation is to initiate disciplinary proceedings, the matter shall be referred to the Council.
Where there is no consensus of the Committee regarding the recommendations, the matter shall be referred to the Council.
The subject Council Member shall be notified in writing of the Committee's decision within 72 hours. Where the decision is to refer the matter to the Council, a copy of the full report, including documents relied on by the investigator shall be provided with the notification, and a copy of both shall be provided to the whole Council.
ITEM NO. 11.
TITLE: Town Council Code of Conduct
6. Proceedings
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Investigative findings and recommended proceedings and disciplinary action that are brought forward to Council as a result of a significant policy violation shall be considered at a public hearing. The public hearing should be set far enough in advance to allow the Council Member in question reasonably sufficient time to prepare a response.
Investigative findings shall be presented to the Town Council at a public hearing.
The rules of evidence do not apply to the public hearing. It shall not be conducted as an adversarial proceeding.
C. Disciplinary Action
1. Considerations in Determining Disciplinary Action
Disciplinary action may be imposed by Council upon Council Members who have violated the Council Code of Conduct Policy. Disciplinary action or sanctions are considered when a serious violation of Town policy has occurred by a Council Member. In determining the type of sanction imposed, the following factors may be considered:
a. Nature of the violation
b. Prior violations by the same individual
c. Other factors which bear upon the seriousness of the violation
2. Types of Sanctions
At the discretion of the Council, sanctions may be imposed for violating the Code of Conduct or engaging in other misconduct. These actions may be applied individually or in combination. They include, but are not limited to:
a. Public Admonishment-A reproof or warning directed to a Council Member about a particular type of behavior that violates Town policy. b. Revocation of Special Privileges -A revocation of a Council Member's Council Committee assignments, including standing and ad hoc committees, regional boards and commissions, and community-generated board/committee appointments. Other revocations may include temporary suspension of official travel, conference participation, and ceremonial titles. c. Censure -A formal statement or resolution by the Council officially reprimanding a Council Member.
APPROVED AS TO FORM:
ITEM NO. 11.
ATTACHMENT 3
I. Preamble
This Policy sets forth the roles, responsibilities, and Code of Conduct for the Town’s Boards, Committees, and Commissions (hereinafter referred to as "Commissions"). The legal responsibilities of the Los Gatos Town Commissioners are set forth by applicable state and federal laws. In addition, the Town Council has adopted regulations, including this Code of Conduct Policy, that holds Commissioners to standards of conduct above and beyond what is required by law. This Policy is written with the assumption that Commissioners, through training, are aware of their legal and ethical responsibilities as appointed officials.
Commissioners are not allowed to engage in any activity which would constitute a minor or major violation as specified in this Policy.
II. Town Board, Committees, and Commissions Roles and Responsibilities The role of the Commissions is to act as a bridge between the community and the Town Council. Commissioners are volunteers, that contribute their time and expertise to help identify, analyze, and evaluate community issues within the scope of their respective Commission. Through public meetings and other engagement efforts, Commissioners gather community input during recognized commission meetings, ad hoc commission meetings, and established taskforces and use this information to make thoughtful, informed recommendations to the Town Council, which is the final policy-making authority. The Commission’s work should align with the Town Council’s Strategic Priorities and supports the Town’s mission to enhance the quality of life through effective leadership and responsive services. Commissioners serve at the will of the Council.
Individual Commissioners are expected to attend all meetings and come prepared by reviewing agenda materials in advance. They are to conduct themselves with respect, fairness, and courtesy toward fellow members, Town staff, and the public, while recognizing and supporting the authority of the Chair to lead meetings effectively. Commissioners should stay focused on meeting topics, use time efficiently, and contribute constructively to discussions. They are expected to act with honesty and integrity, serve as role models of civic leadership, and maintain public trust in Town government. Commissioners must also be aware of and avoid potential conflicts of interest, understand their obligations under the Brown Act, and seek
COUNCIL POLICY MANUAL
Title: Board, Committee, and Commission Code of
Conduct
Policy Number:
Effective Date: Pages: 5
Enabling Actions: Revised Date:
Approved:
Small Town Service Community Stewardship Future Focus
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TITLE: Board, Committee, and Commission Code of Conduct Page:
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guidance from commission staff person when questions arise regarding their duties or ethical requirements. If needed, the commission staff person will coordinate other Town staff as necessary.
III. Commissioner Conduct in Public Meetings
To ensure the highest standards of respect and integrity during public meetings, Commissioners should:
A. Use formal titles. The Commission should refer to one another formally during Council meetings such as Chair, Vice Chair or Commissioner or Mr., Mrs., or Ms., followed by the individual’s last name.
B. Practice civility and decorum in discussions and debate. Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of free democracy in action. During public discussions, Commissioners should be respectful of others and diverse opinions and allow for the debate of issues.
C. Honor the role of the presiding officer in maintaining order and equity. Respect the Chair's efforts to focus discussion on current agenda items.
D. Commission decisions should be reserved until all applicable information has been presented.
E. Conduct during public hearings. During public testimony, Commissioners should refrain from engaging the speaker in dialogue. Speakers at public meetings will be asked to provide their full name and to state whether they are a resident of the Town of Los Gatos. This information is optional but not required. For purposes of clarification, Commissioners may ask the speaker questions. Commission comment and discussion should commence upon the conclusion of all public testimony.
IV. Legal Requirements
The Town Commissions operate under a series of laws that regulate its operations as well as the conduct of its members. The Town Attorney serves as the Town’s legal officer and is available to advise the Commissioners on relevant legal matters; however, any such advise will be coordinated through the commission staff liaison.
A. Training
Commissioners shall participate in training in the following areas:
1. The Ralph M. Brown Act
2. AB 1234 Conflict of Interest (Planning Commission Only)
3. Town / CA State Law on Harassment (SB 1343)
B. Procurement
Unless authorized by the Town Council, Commissioners shall not become involved in administrative processes for acquiring goods and services.
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TITLE: Board, Committee, and Commission Code of Conduct Page:
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C. Land Use Applications
The merits of an application shall only be evaluated on information included in the public record. Commissioners shall not participate in any ex parte communications and must place any information obtained outside of the public hearing that may influence his/her decision on a matter pending before the Commission into the record at the public hearing.
D. Code of Conduct Policy
Newly appointed Commissioners shall sign a statement affirming they have read and understand the Town of Los Gatos Council Code of Conduct Policy.
E. Non-Profit Organizations
Commissioners that participate in the Community Grant Program selection process may not sit on boards of directors of non-profit organizations which receive funding or inkind contributions from the Town.
F. Applicable Laws and Town Policies
Commissions shall abide by all applicable municipal, state, and federal laws and Town policies.
G. Matters to be done outside of the Commission meeting will require Town Council approval through the workplan before any such activity may be performed on behalf of the Town or Commission.
V. Commission Relationship with the Town Council
The primary responsibility of Commissions is to advise and make recommendations to the Town Council. Recommendations are forwarded through the Town Manager's Office to the Town Council for consideration. While the Council values and relies on the Commission’s input, the Council’s role is to consider recommendations from multiple sources and make final decisions based on strategic priorities and the broader interests of the community. Because of this broader perspective, the Council may not always implement the recommendations of a particular Commission.
It is important to maintain a clear distinction between the advisory role of Commissions and the decision-making authority of the Town Council. While Commissioners may at times disagree with Council decisions, once the Council has taken a position or chosen not to implement a recommendation, it is expected that the Commission and its individual members will respect that decision.
VI. Commission Communication
A. Town Council
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1. When a member of an advisory body addresses the Council at a public meeting, it should be made clear whether the member is speaking on behalf of the advisory body or as an individual citizen.
B. Public
1. Commissioners shall communicate in a manner that clearly and explicitly conveys that such communication is provided as an individual and does not in any way represent communication on behalf of the Town or represent the position of the Commission, or Town staff. This can be accomplished by using language such as:
“Speaking for myself and not on behalf of the Commission or the Town . . .”
2. Letters or other forms of communication from Commissions addressed to the public or other agencies and concerning official positions being taken must first be forwarded to the Council for approval before being mailed or submitted. Letters and other forms of communication from individual Commission members to the public regarding issues that are within the jurisdiction of that Commission should be distributed to the other members, commission staff liaison, and the Council as a matter of courtesy.
3. Commissioners shall refer all media inquiries to Town staff for an official response to ensure that consistent and accurate information is provided. Unless specifically authorized by the Mayor or Town Manager, no commissioner shall communicate in any way or provide official responses of or from the Town or commission. In any communication, each commissioner can only speak as an individual and must relate such when communicating in any medium, media, or other response unless specifically authorized by the Mayor or Town Manager.
VII. Enforcement
A. Purpose
The Boards, Committee, and Commission Code of Conduct Policy establishes guiding principles for appropriate conduct and behavior and sets forth the expectations of Commissioner. The purpose of the policy language is to establish a process and procedure that:
1. Allows the public, Commissioners, and Town employees to report Code of Conduct policy violations or other misconduct.
2. Provides guidelines to evaluate Code of Conduct policy violations or other misconduct and implement appropriate disciplinary action when necessary.
B. Procedures
1. Reporting of Complaints
Complaints made by members of the public, Commissioners, Council Members, Town employees, the Town Manager, or the Town Attorney should be reported to the Town Council.
ITEM NO. 11.
TITLE: Board, Committee, and Commission Code of Conduct Page:
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2. Evaluation of Complaints Alleging Violations
The Mayor shall promptly consult the Town Manager and evaluate the complaint.
After reviewing the written complaint, the Mayor shall determine whether the complaint:
a. Lacks substance (unsubstantiated)
b. Involves a minor violation, includes but is not limited to i. Unprofessional or discourteous communication in a non-public setting. ii. Failure to comply with procedural requirements in meetings or decisionmaking. iii. Negligent, but not malicious, failure to disclose conflicts of interest when no substantial harm occurs.
iv. Minor breaches of decorum during public meetings that do not disrupt proceedings.
c. Potentially involves a major violation, includes but is not limited to i. Persistent or egregious unprofessional behavior toward staff, colleagues, or the public.
ii. Engaging in actions that create substantial conflicts of interest or violate any municipal, state or federal laws or Town policies, including ethics laws.
iii. Deliberately making false or misleading statements that undermine public trust or decision-making processes.
iv. Conduct that disrupts public meetings in a manner that prevents the effective functioning of Town governance.
v. Misuse of Town resources, authority, or influence for personal gain or to harm others.
vi. Repeated minor violations.
vii. Criminal conduct.
3. Unsubstantiated or Minor Violations
If the complaint is without substance, no further action will be taken.
If the reported violation is deemed valid but minor in nature, the Mayor shall, in consultation with Town staff, issue a written communication to the Commissioner regarding the specific behavior that violates Town policy.
4. Allegations of Major Violations
If the reported violation is considered to be major, disciplinary action will be taken.
C. Disciplinary Action
1. Considerations in Determining Disciplinary Action
Disciplinary action may be imposed by the Council upon Commissioners who have violated the Council Code of Conduct Policy or any applicable laws. Disciplinary actions or sanctions are considered when a serious violation of Town policy has
ITEM NO. 11.
TITLE: Board, Committee, and Commission Code of Conduct Page:
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occurred by a Commissioner. In determining the type of sanction imposed, the following factors may be considered:
a. Nature of the violation
b. Prior violations by the same individual
c. Other factors which bear upon the seriousness of the violation
2. Types of Sanctions
At the discretion of the Council, sanctions may be imposed for violating the Code of Conduct or engaging in other misconduct. These actions may be applied individually or in combination. They include, but are not limited to:
a. Written Communication – In consultation with Town staff, the Mayor or his/her designee may provide a written communication to the Commissioner regarding the specific behavior that violates this policy.
b. Removal – By a 3/5 vote the Town Council may remove the Commissioner for a violation of this policy.
APPROVED AS TO FORM:
Gabrielle Whelan, Town Attorney
ITEM NO. 11.