Agenda packet — Los Gatos City Council, October 20, 2026 (part 4 of 4)

ITEM NO. 14.

Created: 2026-01-12 11:33:42 [EST]
(Supp. No. 98)

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(7) Description of the public benefit of the proposal.
(Ord. No. 2273, § I, 5-1-18)
Sec. 29.80.095. Findings.

The deciding body, on the basis of the totality of the evidence and testimony submitted at the hearing, may adopt a PD if all of the following findings can be made:
(1) The proposed PD is in compliance with all sections of this division. (2) The proposed PD is in conformance with the goals, policies, and applicable land use designation(s) and standards of the Town's general plan.
(3) The proposed PD is in conformance with all other applicable land use regulations, including but not limited to Town Council adopted guidelines, except as otherwise provided in section 29.80.095(4). (4) Any proposed use or development standards that deviate from the underlying zoning district(s) result in innovative and creative site planning to develop:
a. Housing with a minimum of forty (40) percent of the units affordable to households of very low, low, or moderate income; or
b. Mixed commercial, or mixed residential, or mixed commercial and residential development; or c. A development designed and sited to protect, preserve and enhance conservation and enrichment of hillsides, natural and/or historic resources, ridgelines, a tree or stand of trees, creek and riparian corridors, geologic hazard or fault zone, and open space; or d. A project that maximizes open space; or
e. The proposed PD provides a public benefit to the citizens of the Town. (Ord. No. 2273, § I, 5-1-18)
Sec. 29.80.100. Phased development.

Proposed phasing plans shall be reviewed and adopted by the Town Council only if each phase is selfsufficient and is not dependent on subsequent phases to fulfill infrastructure requirements and/or conditions of approval.
(Ord. No. 2273, § I, 5-1-18)
Sec. 29.80.105. Dedication prior to issuance of first building permit.

Development rights for required open spaces shall be dedicated in advance of the issuance of any building permits.
(Ord. No. 2273, § I, 5-1-18)
Sec. 29.80.110. Vested.

Failure to obtain building permits for the approved Planned Development within twenty-four (24) months from the date of approval will automatically void the PD ordinance, unless an extension of time has been granted by the Town Council for good cause shown.

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ITEM NO. 14.

Created: 2026-01-12 11:33:42 [EST]
(Supp. No. 98)

Page 4 of 15 ends

(Ord. No. 2273, § I, 5-1-18)
Sec. 29.80.120. Amendments to previously approved planned development.

Amendments to a PD approved both prior to and after the adoption of this division may only be considered under this division and its provisions and must meet the requirements set forth herein. (Ord. No. 2273, § I, 5-1-18)
Secs. 29.80.125—29.80.210. Reserved.

DIVISION 3. HISTORIC PRESERVATION AND LHP OR LANDMARK AND HISTORIC

PRESERVATION OVERLAY ZONE
Sec. 29.80.215. Purposes.

It is hereby found that structures, sites and areas of special character or special historical, architectural or aesthetic interest or value have been and continue to be unnecessarily destroyed or impaired, despite the feasibility of preserving them. It is further found that the public health, safety and welfare require prevention of needless destruction and impairment, and promotion of the economic utilization and discouragement of the decay and desuetude of such structures, sites and areas. The purpose of historic preservation is to promote the health, safety and general welfare of the public through:
(1) The protection, enhancement, perpetuation and use of structures, sites and areas that are reminders of past eras, events and persons important in local, State, or National history, or which provide significant examples of architectural styles of the past or are landmarks in the history of architecture, or which are unique and irreplaceable assets to the Town and its neighborhoods, or which provide for this and future generations examples of the physical surroundings in which past generations lived. (2) The development and maintenance of appropriate settings and environment for such structures. (3) The enhancement of property values, the stabilization of neighborhood and areas of the Town, the increase of economic and financial benefits to the Town and its inhabitants, and the promotion of tourist trade and interest.
(4) The enrichment of human life in its educational and cultural dimensions by serving aesthetic as well as material needs and fostering knowledge of the living heritage of the past. (Ord. No. 1316, § 4.86.010, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 2041, § IV, 2-2-98) Sec. 29.80.220. Powers and duties of Planning Commission.

The Planning Commission:
(1) Shall recommend to the Town Council, after public hearing, concerning designation of landmarks and historic districts, as provided in Section 29.80.245.
(2) May establish and maintain a list of structures and other landmarks deserving official recognition although not designated as landmarks or historic districts, and take appropriate measures for recognition.

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ITEM NO. 14.

Created: 2026-01-12 11:33:42 [EST]
(Supp. No. 98)

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(3) Shall hear and determine architecture and site approval applications for demolition a designated landmark sites and principal buildings in historic districts, as provided in sections 29.80.270 through

29.80.290.
(4) May take steps to encourage or bring about preservation of structures or other features where the Planning Commission has decided to suspend action on a permit application, as provided in Section

29.80.285.
(5) Shall seek and consider a recommendation from the Historic Preservation Committee when undertaking the powers and duties set forth in subsections (1) and (3) above, and shall consult with or request assistance from the Historic Preservation Committee when undertaking the powers and duties set forth in subsections (2) and (4) above.
(Ord. No. 1316, § 4.86.020, 6-7-76; Ord. No. 1375, 11-21-77; Ord. No. 1831, § I, 7-16-90; Ord. No. 2041, § IV, 2-2- 98; Ord. No. 2355, § V, 4-2-24)
Sec. 29.80.222. Powers and duties of the Planning Director.

The Planning Director:
(1) Upon recommendation by the Historic Preservation Committee, determines matters pertaining to historic preservation as provided in Section 29.80.227 that are not assigned to the Planning Commission.
(Ord. No. 2355, § VI, 4-2-24)
Sec. 29.80.225. Historic Preservation Committee.
(a) The Historic Preservation Committee acts as an advisory body to the Planning Commission and Planning Director on all matters pertaining to historic preservation. The Historic Preservation Committee shall consist of five (5) members, three (3) public members and two (2) Planning Commissioners. The public members shall be appointed by the Town Council, and the Planning Commission members shall be appointed by the Planning Commission Chair and affirmed by the Town Council. (b) The Committee is composed of professional and lay members with demonstrated interest, competence, or knowledge in historic preservation. Committee members shall be appointed from among the disciplines of architecture, history, architectural history, planning, archeology, or other historic preservation-related disciplines such as urban planning, American studies, American civilization, cultural geography, or cultural anthropology to the extent that such professionals are available in the community. (Ord. No. 1316, § 4.86.040, 6-7-76; Ord. No. 1375, 11-21-77; Ord. No. 1626, 8-6-84; Ord. No. 1762, § I, 9-19-88; Ord. No. 1831, § II, 7-16-90; Ord. No. 1856, § I, 6-3-91; Ord. No. 1915, § III, 10-19-92; Ord. No. 2041, § IV, 2-2-98; Ord. No. 2355, § VII, 4-2-24)
Sec. 29.80.227. Powers and duties of the Historic Preservation Committee.

The Historic Preservation Committee shall:
(1) Regularly review and make recommendations to the Planning Commission concerning the determination of all matters pertaining to historic preservation which comes before the Planning Commission.

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ITEM NO. 14.

Created: 2026-01-12 11:33:42 [EST]
(Supp. No. 98)

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(2) Review and make recommendations to the Planning Director concerning the determination of a minor residential development permit for properties with a LHP overlay zone or structures which were built prior to 1941.
(3) Review and make recommendations to the Planning Director concerning minor residential and commercial exterior alterations not covered under the architecture and site approval process or the minor residential development permit, for designated properties with a LHP overlay zone pursuant to subsection 29.20.485.
(4) Upon request of the Planning Director, review pending or proposed building permits dealing with historic structures when it is questionable that the work proposed meets the guidelines for pre-1941 structures.
(5) May, on request of the property owner, advise with respect to any proposed work requiring or not requiring a Town permit on any historic structure, a designated landmark site or in a designated historic district. Examples of the work referred to are additions, demolitions, painting and repainting of exterior surfaces, roofing, fencing, landscaping, glazing, and installation of lighting fixtures. In advising, the Historic Preservation Committee shall be guided by the purposes and standards specified in this division and other applicable ordinances and/or development standards. This subsection does not impose regulations or controls on any property.
(6) Review and make recommendations to the Planning Director on requests for removal of a pre-1941 property from the Historic Resources Inventory.
(Ord. No. 1915, § IV, 10-19-92; Ord. No. 2041, § IV, 2-2-98; Ord. No. 2169, § I, 10-20-08; Ord. No. 2355, § VIII, 4-2- 24)
Sec. 29.80.230. Designation by ordinance.
(a) The Council may by ordinance designate:
(1) One (1) or more individual structures or other features, or integrated groups of structures and features on one (1) or more lots or sites, having a special character or special historical, architectural or aesthetic interest or value, as landmarks, and shall designate a landmark site for each landmark; and (2) One (1) or more areas containing a number of structures having special character or special historical, architectural or aesthetic interest or value, and constituting distinct sections of the Town, as historic districts.
(b) Each designating ordinance shall include a description of the characteristics of the landmark or historic district which justify its designation, and a list of any particular features in addition to those features which would be affected by work described in section 29.80.260 that are to be preserved, and shall specify the location and boundaries of the landmark site or historic district. (c) A lot zoned LHP may only be used in the manner provided in the underlying zone, however, the Town Council, on the basis of the evidence submitted at the hearing, may permit an existing use not otherwise permitted in the underlying zone to continue providing the Council makes the following findings:
(1) The use has been legal and continues to operate in a manner that is not detrimental to other uses in the general vicinity;
(2) There is no history of complaints about the use;
(3) Removal of the use to another location would effectively end the significance of the historical designation on the property; and
(4) The use has been legally and continuously operating for at least fifty (50) years.

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ITEM NO. 14.

Created: 2026-01-12 11:33:42 [EST]
(Supp. No. 98)

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The specific use and the findings to support its continuance shall be incorporated in the designating ordinance. (d) If the use permitted by subsection (c) above is discontinued for one hundred eighty (180) consecutive days, the use shall not be resumed and the use of the property shall conform with the provisions of the underlying zone. Token use does not toll or interrupt a period of discontinuance. (e) The property designated shall be subject to the controls and standards contained in this division. In addition, the property shall be subject to the following further controls and standards if imposed by the designating ordinance:
(1) For a publicly owned landmark, review of proposed changes in major interior architectural features. (2) For a historic district, such further controls and standards as the Council finds necessary or desirable, including but not limited to facade, setback and height controls. (f) The Council may amend or rescind a designation only by ordinance, after Planning Commission and Council hearings as required for original designations.
(Ord. No. 1316, § 4.86.050, 6-7-76; Ord. No. 1674, 2-18-86; Ord. No. 2041, § IV, 2-2-98) Sec. 29.80.235. Initiation of designation.

Initiation of designation proceedings shall be by resolution of the Council or Planning Commission. The date of initiation is the date the resolution is adopted.
(Ord. No. 1316, § 4.86.060, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 2041, § IV, 2-2-98) Sec. 29.80.240. Procedure.

Except as provided by this division the proceedings for LHP or landmark and historic preservation overlay zone designation are the same as for any other zoning of land. (Ord. No. 1316, § 4.86.070, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 2041, § IV, 2-2-98) Sec. 29.80.245. Hearing by Planning Commission for proposed historic designation.

Notices required by sections 29.20.560 and 29.20.565, shall be mailed. (1) Action and time limit. The Planning Commission shall consider the degree of conformity of the proposed designation with the purposes and standards of this division and the general plan. The Planning Commission shall determine the matter within one hundred twenty (120) days after the initiation of designation proceedings.
(2) Notice of action. The Planning Commission shall promptly notify the property owner of action taken. If the Planning Commission approves or modifies the proposed designation in whole or in part, it shall transmit the proposal, together with a copy of the resolution of approval, to the Council. (Ord. No. 1316, § 4.86.080, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1626, 8-6-84; Ord. No. 2041, § IV, 2-2-98) Sec. 29.80.250. Notice of designation by Council.

When a landmark or historic district has been designated by the Council, the Town Clerk shall promptly notify the owners of the property included therein.

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ITEM NO. 14.

Created: 2026-01-12 11:33:42 [EST]
(Supp. No. 98)

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(Ord. No. 1316, § 4.86.100, 6-7-76; Ord. No. 2041, § IV, 2-2-98) Sec. 29.80.255. Conformity required.

Construction, alteration, demolition or removal work for which a Town permit is required is prohibited on a designated landmark site or in a designated historic district unless approval by the deciding body has been granted as provided in sections 29.80.260 through 29.80.300, or unless the work conforms with the provisions of section

29.80.310.
(Ord. No. 1316, § 4.86.110, 6-7-76; Ord. No. 1375, 11-21-77; Ord. No. 2041, § IV, 2-2-98) Sec. 29.80.260. Permit required.

No person shall do any work listed below without first obtaining the required planning approval:
(1) Exterior alteration to a designated landmark, property in an historic district or pre-1941 structure consisting of any construction, addition, demolition, restoration or rehabilitation. (2) Interior alterations that would affect the exterior of a designated landmark, a structure in an historic district or a pre-1941 structure.
(3) Construction of any type on a landmark site or within a historic district unless excepted by the designating ordinance, or of a type which does not affect the exterior appearance of the site, district or any structure on the site or in the district.
(Ord. No. 1316, § 4.86.120, 6-7-76; Ord. No. 1375, 11-21-77; Ord. No. 2041, § IV, 2-2-98) Sec. 29.80.265. Application for permit.

Prior to issuance of a building permit, a Notice to Contractor form must be signed by the contractor and posted at the job site stating that the property is on the Historic Resources Inventory and no deviations from the approved plans are allowed without prior review and approval. This information shall be affixed on the approved building plans.
(Ord. No. 1316, § 4.86.130, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1375, 11-21-77; Ord. No. 2041, § IV, 2-2-98; Ord. No. 2083, § I, 5-7-01)
Sec. 29.80.270. Reserved.

Editor's note(s)—Ord. No. 1914, § I, adopted Oct. 19, 1992, deleted former § 29.80.270, relative to the procedure for architecture and site approval, which derived from Ord. No. 1316, § 4.86.140, adopted June 7, 1976 and Ord. No. 1375, adopted Nov. 21, 1977.

Sec. 29.80.275. Reserved.

Editor's note(s)—Ord. No. 2083, § II, adopted May 7, 2001, repealed former § 29.80.275 of the Code entitled Notice which derived from Ord. No. 2041, § IV, adopted Feb. 2, 1998.

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ITEM NO. 14.

Created: 2026-01-12 11:33:42 [EST]
(Supp. No. 98)

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Sec. 29.80.280. Decision.

The Planning Commission shall consider any report from the Historic Preservation Committee and shall ascertain whether the proposed work conforms to this chapter and to the provisions of the designating ordinance. (Ord. No. 1316, § 4.86.160, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1375, 11-21-77; Ord. No. 1626, 8-6-84; Ord. No. 2041, § IV, 2-2-98)
Sec. 29.80.285. Suspended action.

To obtain sufficient time for steps necessary to preserve the structure concerned, the Planning Commission may suspend action on an architecture and site approval application to permit construction, alteration, demolition or removal for a period not to exceed one hundred eighty (180) days. The Council may, by resolution, extend the suspension for an additional period not to exceed one hundred eighty (180) days, if the resolution is adopted not more than ninety (90) days and not less than thirty (30) days prior to the expiration of the original one-hundred eighty-day period. During the suspension period, the Planning Commission may consult with the Historic Preservation Committee, the Los Gatos Heritage Preservation Society and other civic groups, public agencies and interested citizens, make recommendations for acquisition of property by public or private bodies or agencies, explore the possibility of moving one (1) or more structures or other features, and take any other reasonable measures.
(Ord. No. 1316, § 4.86.170, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1375, 11-21-77; Ord. No. 1626, 8-6-84) Sec. 29.80.290. Standards for review.

In evaluating applications, the deciding body shall consider the architectural style, design, arrangement, texture, materials and color, and any other pertinent factors. Applications shall not be granted unless:
(1) On landmark sites, the proposed work will neither adversely affect the exterior architectural characteristics or other features of the landmark (and, where specified in the designating ordinance for a publicly owned landmark, its major interior architectural features) nor adversely affect the character of historical, architectural or aesthetic interest or value of the landmark and its site. (2) In historic districts, the proposed work will neither adversely affect the exterior architectural characteristics or other features of the property which is the subject of the application, nor adversely affect its relationship, in terms of harmony and appropriateness, with its surroundings, including neighboring structures, nor adversely affect the character, or the historical, architectural or aesthetic interest or value of the district.
(3) For pre-1941 structures, the proposed work will neither adversely affect the exterior architectural characteristics or other features of the property which is the subject of the application.

In any event applications shall not be granted for work which violates standards included in the designating ordinance or pre-1941 design guidelines.
(Ord. No. 1316, § 4.86.180, 6-7-76; Ord. No. 1375, 11-21-77; Ord. No. 1914, § II, 10-19-92; Ord. No. 2041, § IV, 2-2- 98)
Sec. 29.80.295. Exemptions for reconstruction.

Reconstruction of a designated structure shall be exempt from setback and height requirements if it is rebuilt as originally constructed, except for modifications approved in the permit.

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ITEM NO. 14.

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(Supp. No. 98)

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(Ord. No. 1316, § 4.86.185, 6-7-76; Ord. No. 1546, 8-16-82; Ord. No. 2041, § IV, 2-2-98) Sec. 29.80.297. State Historical Building Code.

The California State Historical Building Code (SHBC) provides alternative building regulations for the rehabilitation, preservation, restoration or relocation of structures designated as cultural resources. As required by state law, the SHBC shall be used if the property owner requests its use for historic buildings in the Town's building permit procedure.
(Ord. No. 2041, § IV, 2-2-98)
Sec. 29.80.300. Showing of hardship in cases of proposed alterations, demolitions or construction.

If the applicant presents facts clearly demonstrating to the satisfaction of the Planning Commission that failure to approve the application will work immediate and substantial hardship because of conditions peculiar to the particular structure or other feature involved, the Planning Commission may approve the application even though it does not meet the standards set forth in either the enabling or designating ordinance. (Ord. No. 1316, § 4.86.190, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1375, 11-21-77; Ord. No. 2041, § IV, 2-2-98) Sec. 29.80.305. Applicability for proposed historic designation. (a) No application for a permit to construct, alter, demolish or remove any structure or other feature on a proposed landmark site or in a proposed historic district, filed subsequent to the date of initiation of proceedings to designate the landmark site or historic district, shall be approved while the proceedings are pending; provided, however, that if final action on the designation has not been completed one hundred eighty (180) days after initiation of designation proceedings, the permit application may be approved. (b) The regulations of this division do not apply to the construction, alteration, demolition or removal of any structure or other feature on a landmark site or in a historic district, where a permit for the performance of such work was validly issued and used before initiation of proceedings for designation of the landmark site or historic district. For the purpose of this subsection, a permit is used if substantial construction work specifically for the purpose for which the permit is issued is lawfully performed after the permit is issued, and in reliance on the permit. (The term "construction" includes grading.) (Ord. No. 1316, § 4.86.200, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 2041, § IV, 2-2-98) Sec. 29.80.310. Unsafe or dangerous conditions.

None of the provisions of this division shall prevent any measures of construction, alteration, or demolition necessary to correct the unsafe or dangerous condition of any structure, other feature, or part thereof, where such condition has been declared unsafe or dangerous by the Building Official or the Fire Marshal, and where the proposed measures have been declared necessary, by such official to correct the condition; provided, however, that only such work as is absolutely necessary to correct the unsafe or dangerous condition and as is done with due regard for preservation of the appearance of the structure involved may be performed pursuant to this section. If any structure or other feature is damaged by fire, or other calamity, or by act of God, to such an extent that in the opinion of the aforesaid officials it cannot be reasonably repaired and restored, it may be removed in conformity with normal permit procedures and applicable laws.

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ITEM NO. 14.

Created: 2026-01-12 11:33:42 [EST]
(Supp. No. 98)

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(Ord. No. 1316, § 4.86.210, 6-7-76; Ord. No. 2041, § IV, 2-2-98) Sec. 29.80.315. Duty to keep in good repair.

The owner, lessee, and any other person in actual charge or possession of a pre-1941 structure, designated landmark or structure in the LHP or landmark and historic preservation overlay zone shall keep all of the exterior portions in good repair as well as all of the interior portions which are subject to control by the terms of the designating ordinance, and all portions whose maintenance is necessary to prevent deterioration or decay of any exterior portion.
(Ord. No. 1316, § 4.86.220, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 2041, § IV, 2-2-98) Sec. 29.80.320. Reserved.

Editor's note(s)—Ord. No. 1981, § I, adopted July 5, 1994, repealed former § 29.80.320, relative to filing fees, which derived from Ord. No. 1610, § I(4.86.230), adopted March 5, 1984 and Ord. No. 1952, § IV, adopted Aug. 2, 1993.

Secs. 29.80.330—29.80.400. Reserved.

DIVISION 4. PS OR PUBLIC SCHOOL OVERLAY ZONE
Sec. 29.80.405. Application.

The provisions of this division apply in the PS (Public School Overlay) zone. Land in any zone, but only land owned by a public school district, may be zoned PS. The rules of the PS zone allow uses that are not necessarily allowed by the rules of the underlying zone. Only land owned by a public school district may be used according to the rules of the PS zone.
(Ord. No. 1316, § 4.88.010, 6-7-76; Ord. No. 1452, 12-17-79) Sec. 29.80.410. Intent.

Where practical, the Town wants public school offices, buildings and grounds to remain in public ownership and to be available for present or future public use. The PS or public school overlay zone is intended to allow school buildings to be used, without extensive exterior modifications, in ways which will make it unnecessary to sell schools.
(Ord. No. 1316, § 4.88.020, 6-7-76; Ord. No. 1452, 12-17-79) Sec. 29.80.415. Permitted uses.

In addition to activities allowed in the underlying zone the following activities are allowed in buildings in the PS or public school overlay zone. However, no activity shall be conducted in a manner which would unreasonably interfere with nearby residential uses.
(1) Public building, police, fire, community center.
(2) Library, art gallery, museum.

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ITEM NO. 14.

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(3) Park, plaza, playground.
(4) School or college not otherwise specified.
(5) Nursery school.
(6) Vocational or trade school.
(7) Business or professional school or college.
(8) Art, craft, music, dancing school.
(Ord. No. 1316, § 4.88.030, 6-7-76; Ord. No. 1452, 12-17-79; Ord. No. 1511, 8-3-81) Sec. 29.80.420. Uses permitted by conditional use permit.

The following uses are permitted in the PS or public school overlay zone by conditional use permit:
(1) All uses, not listed in section 29.80.415, specified as allowable with a conditional use permit by regulations of the underlying zone.
(2) Multiple-family dwellings.
(3) Activities involving controlled manufacturing, research and development, wholesaling and other light industrial uses.
(4) Warehousing.
(5) Offices, business, professional, or executive.
(Ord. No. 1316, § 4.88.040, 6-7-76; Ord. No. 1452, 12-17-79; Ord. No. 1511, 8-3-81) Sec. 29.80.425. Other regulations.

All other regulations of the underlying zone and the general provisions applicable to all zones apply to a PS or public school overlay zone.
(Ord. No. 1316, § 4.88.050, 6-7-76; Ord. No. 1452, 12-17-79) Sec. 29.80.430. Playgrounds and playing fields.

The extent of the school playground and playing fields to be reserved for public use shall be designated at the time the public school zoning is adopted.
(Ord. No. 1316, § 4.88.060, 6-7-76; Ord. No. 1452, 12-17-79; Ord. No. 1511, 8-3-81) Secs. 29.80.435—29.80.500. Reserved.

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ITEM NO. 14.
- CODE
Chapter 29 - ZONING REGULATIONS
ARTICLE VIII. - OVERLAY ZONES AND HISTORIC PRESERVATION DIVISION 5. HOUSING ELEMENT OVERLAY ZONE
Los Gatos, California, Code of Ordinances Created: 2026-01-12 11:33:43 [EST] (Supp. No. 98)

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DIVISION 5. HOUSING ELEMENT OVERLAY ZONE2
Sec. 29.80.505. Intent.

The Housing Element Overlay Zone (HEOZ) ordinance in this division is intended to increase the supply and the mix of housing types, tenure, and affordability within the Town of Los Gatos. Through appropriate densities, concessions, and fee deferrals or waivers, the HEOZ encourages the development of housing affordable to all income levels on sites within the Town that are deemed to be most appropriate for such uses. The Housing Element lists sites within the Town of Los Gatos as key housing opportunities. The designation of these sites will assist the Town in meeting its Regional Housing Needs Allocation (RHNA), as required by the State. (Ord. No. 2353, § II, 3-5-24)
Sec. 29.80.510. HEOZ and underlying zoning.
(a) "By right" residential developments on sites with underlying zoning of RM, CH, or NF-SP (Table 1A below).

Pursuant to Government Code Section 65583.2, subsections (h) and (i), in the HEOZ, residential developments with at least twenty (20) percent of the units proposed for "low income" households are subject to "by right approval." These developments are subject to the following:
(1) The developments must be developed within the density ranges specified in Table 1A below and in no event shall any residential development projects be developed below the minimum density of thirty (30) units per acre.
(2) The developments shall be subject to non-discretionary design review based on objective development standards in accordance with the procedures specified in Article II, "Administration and Enforcement," of Chapter 29, "Zoning Regulations," of the Town Code.
(3) No California Environmental Quality Act review shall be required. (4) Any subdivision of sites in the HEOZ shall be subject to all laws, including, but not limited to, Chapter 24, "Subdivision Regulations," and sections 29.10.067—29.10-087 of the Town Code implementing the Subdivision Map Act.
(5) Residential units shall occupy at least fifty (50) percent of the floor area in all mixed-use projects. (6) For residential developments and mixed-use projects, the standards set forth in Table 1A shall apply.

Table 1A HEOZ Development Standards for "By Right" Residential Development General Plan
Land Use
Designation
Zoning Minimum Yards Maximum
Lot
Coverage
Maximum
Floor Area
Maximum
Height
Limit (ft)
Density Units
Per Acre
2 Ord. No. 2353, § II, adopted March 5, 2024, repealed the former Div. 5, §§ 29.80.505—29.80.515, and enacted a new Div. 5 as set out herein. The former Div. 5 pertained to affordable housing overlay zone and derived from Ord. No. 2224, § I, 11-18-13; Ord. No. 2277, II, 8-21-18; Ord. No. 2347, § I, 11-21-23.

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ITEM NO. 14.

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Ratio
(FAR)
High Density
Residential
R-M As authorized by
Section

29.40.645
75% N/A 45 feet 30—40
Mixed-Use CH As authorized by
Section

29.60.435
N/A 3.0 45 feet 30—40
North Forty
Specific Plan
NF-SP As defined in
Specific Plan
As
defined in
Specific
Plan
As defined
in Specific
Plan
As defined
in Specific
Plan
30—40
(b) For all other residential developments other than those described in subsection (a), the standards set forth in Table 1B below shall apply.

Table 1B HEOZ Development Standards for Other Residential Development General Plan
Land Use
Designation
Zoning Minimum Yards Maximum
Lot
Coverage
Maximum
Floor Area
Ratio
(FAR)
Maximum
Height
Limit (ft)
Density Units
Per Acre
Low Density
Residential
R-1 As authorized by
Section

29.40.405
50% N/A 30 feet 0—5
Medium
Density
Residential
R-1D, RD, and
R-M
As authorized by
Section

29.40.405,

29.40.530, and

29.40.645
75% N/A 35 feet 14—22 or
5—12 in
Very High
Fire Hazard
Severity
Zones
Neighborhood
Commercial
C-1 As authorized by
Section

29.60.225
N/A 1.0 35 feet 10—20
Central
Business
District
C-2 As authorized by
Section

29.60.335
N/A 2.0 45 feet 20—30
Office
Professional
O As authorized by
Section

29.60.100
N/A 1.0 35 feet 10—20
(c) The underlying zoning development standards will remain in effect for all other development without a residential component.
(d) Regardless of the underlying zoning designation, no residential use may be developed that does not meet the applicable HEOZ development standards.

Page 48 ends

ITEM NO. 14.

Created: 2026-01-12 11:33:43 [EST]
(Supp. No. 98)

Page 15 of 15 ends

(e) Where standards are not specified, the development standards provided in the underlying zoning district shall apply.
(Ord. No. 2353, § II, 3-5-24)

Page 49 ends

ITEM NO. 14.

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Intentionally
Left Blank

Page 50 ends

ITEM NO. 14.
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6832
www.losgatosca.gov

TOWN OF LOS GATOS

CONCEPTUAL

DEVELOPMENT ADVISORY

COMMITTEE REPORT
MEETING DATE: 05/13/2026
ITEM NO: 1
DRAFT

MINUTES OF THE CONCEPTUAL DEVELOPMENT ADVISORY COMMITTEE MEETING FEBRUARY 11, 2026
The Conceptual Development Advisory Committee of the Town of Los Gatos conducted a regular meeting on February 11, 2026, at 4:30 PM.

MEETING CALLED TO ORDER AT 4:30 PM

ROLL CALL

Present: Chair Jeffrey Barnett, Vice Mayor Maria Ristow, Councilmember Mary Badame, Commissioner Joe Sordi, Commissioner Rob Stump.

Absent: None.

VERBAL COMMUNICATIONS
Karen Yamamoto
Provided comments regarding the alarm permit letter she received.

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

1. Approve the Draft Minutes of the March 12, 2025, Conceptual Development Advisory Committee Meeting.

MOTION: Motion by Vice Mayor Ristow to approve this item. Seconded by Committee Member Stump.

VOTE: Motion passed (4-1, Sordi abstained).

2. Approve the Conceptual Development Advisory Committee 2026 Meeting Schedule.

MOTION: Motion by Committee Member Stump to approve the consent calendar.

Seconded by Councilmember Badame.

VOTE: Motion passed unanimously (5-0).

EXHIBIT 4

Page 244 ends

ITEM NO. 14.

PAGE 2 OF 4

MINUTES OF CONCEPTUAL DEVELOPMENT ADVISORY COMMITTEE MEETING OF FEBRUARY 11, 2026
N:\DEV\CDAC\CDAC MINUTES\2026\02-11-2026 CDAC Minutes DRAFT.docx

PUBLIC HEARINGS

3. 16245 Burton Road
Conceptual Development Advisory Committee Application CD-26-001 Consider a Request for Preliminary Review of an Amendment to the North Forty Specific Plan and a Proposal for Construction of a Senior Living Facility (176 Units) on Property Zoned North Forty Specific Plan:Housing Element Overlay Zone. APNs 424-06-115 and 424-06-116.

Property Owner: Tama Holdings LLC
Applicant: Jared Gamelin
Project Planner: Jocelyn Shoopman
Project Planner presented the staff report.

Open Public Comment.

Jared Gamelin, Applicant
This project is at the north edge of the North Forty Specific Plan. We are seeking to amend the North Forty Specific Plan to include a senior living community use. It is in close proximity to Good Samaritan hospital and surrounding medical services. We are looking to discuss the plan and get feedback on it.

Michaelle Williams, Architect
This site is zoned to permit mixed-use and office development, and the senior living facility is in line with this. The walkability, public space, and amenities would be great with this project.

Lee Fagot
There are issues of safety and costs to the Town for infrastructure support that has to be considered. This site is not in what is considered North Forty Phase II. What guidelines should be in place based on when the application was received since it is not included in the North Forty Phase II application. The height being proposed is not within the character of the Town. The emergency exit that will be required for this site needs to be considered due to the impact of the freeways in the area.

Karen Yamamoto
The height should be considered, as well as the emergency routes. With the Eden Housing building adjacent to the property, the concern is the safety of those people who may be disabled to be able to safely evacuate from the proposed senior living facility, including the staff. This proposal is not a SB 330 or Builder’s Remedy project, so why is a nine story building being considered. A hotel would be great. While senior housing is needed, we need more affordable senior living options.

Page 245 ends

ITEM NO. 14.

PAGE 3 OF 4

MINUTES OF CONCEPTUAL DEVELOPMENT ADVISORY COMMITTEE MEETING OF FEBRUARY 11, 2026
N:\DEV\CDAC\CDAC MINUTES\2026\02-11-2026 CDAC Minutes DRAFT.docx Jared Gamelin, Applicant
We appreciate your time on this.

Closed Public Comment.

Committee members discussed the matter and provided the following questions and comments:
• Consider including independent living units along with assisted living and memory care. • Concerned with the proposed height and its visibility along the freeway since nothing over four stories has typically been approved.
• Has there been any thought around a hotel or gym use instead? • Concerned that the proposed architecture does not fit the character of the Town. • Emergency access and evacuation routes need to be a consideration for this type of project. • Senior living is a needed use in the Town, but the use on this corridor of Los Gatos Boulevard is concerning given traffic congestion.
• Parking for the use may be an issue depending on the number of employees and visitors. • Setbacks of the building are important to understand the project’s impact along Burton Road and the adjacent Eden Housing building.
• Would like to see kitchens in the assisted living units. • The height of the building should step down to better blend with the North Forty Phase II buildings.
• Concern with the scale and character of the building given its height and proposed architecture.
• Is there enough recreation and open space for the seniors?

OTHER BUSINESS

4. Elect a Chair and Vice Chair
MOTION: Motion by Councilmember Badame to nominate Jeffrey Barnett as Chair.

Seconded by Vice Mayor Ristow.

VOTE: Motion passed unanimously (5-0).

MOTION: Motion by Chair Barnett to nominate Rob Stump as Vice Chair. Seconded by Vice Mayor Ristow.

VOTE: Motion passed unanimously (5-0).

Page 246 ends

ITEM NO. 14.

PAGE 4 OF 4

MINUTES OF CONCEPTUAL DEVELOPMENT ADVISORY COMMITTEE MEETING OF FEBRUARY 11, 2026
N:\DEV\CDAC\CDAC MINUTES\2026\02-11-2026 CDAC Minutes DRAFT.docx

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 11, 2026, meeting as approved by the
Conceptual Development Advisory Committee.

Joel Paulson, Community Development Director

Page 247 ends

ITEM NO. 14.

PROJECT DESCRIPTION
This application has been submitted to add senior living as an additional permitted use in the North 40 Plan. After completing a CDAC Project Review it was concluded that this use would be appropriate by the committee. We would like to proceed with this amendment.

EXHIBIT 5

Page 248 ends

ITEM NO. 14.

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Page 249 ends

ITEM NO. 14.

LETTER OF JUSTIFICATION
This application has been submitted to add senior living as an addition permitted use in the North 40 Plan. After completing a CDAC Project Review it was concluded that this use would be appropriate by the committee. We would like to proceed with this amendment.

The property currently has a vacant single-family residence, which constitutes a significant underutilization of the land. Documentation of the existing site will be provided as part of the application materials.

This project provides meaningful benefits to the Town of Los Gatos by contributing to the supply of much-needed senior housing. It directly supports local and state housing objectives by introducing a range of housing options tailored to an aging population. The inclusion of both independent and assisted living units will generate local employment opportunities while helping the Town meet city and state housing development requirements.

EXHIBIT 6

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ITEM NO. 14.

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Page 251 ends

ITEM NO. 14.

EXHIBIT 7

Page 252 ends

ITEM NO. 14.

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Page 253 ends

ITEM NO. 14.

RESOLUTION 2018 -044

RESOLUTION OF THE TOWN COUNCIL

OF THE TOWN OF LOS GATOS
APPROVING AMENDMENTS TO THE NORTH 40 SPECIFIC PLAN.

APN 424- 07- 009, 010, 024 THROUGH 027, 031 THROUGH 037, 052 THROUGH 054, 060, 063 THROUGH 065, 070, 081 THROUGH 086, 090, 094 THROUGH 096, 099, 100, 102 THROUGH 112, 424-06- 115, 116, AND 129.

PROPERTY OWNERS: YUKI FARMS, ETPH LP, GROSVENOR USA LIMITED, SUMMERHILL N40 LLC, DODSON, HIRSCHMAN, MATTES, VENTURA TRUSTEE,

MOISENCO, LOS GATOS MEDICAL OFFICE CENTER LLC, LOS GATOS GATEWAY LLC,

MBK ENTERPRISE, CONNELL, GIN, JOHN & ALLISON DIEP LLC, BERNAL, LG

BOULEVARD HOLDINGS LLC, POLARIS NAVIGATION, EW REAL ESTATE LLC, LAZAAR ENTERPRISES LLC, KOTHARY, AND SWENSON TRUSTEE.

APPLICANT: TOWN OF LOS GATOS
WHEREAS, on June 17, 2015, the Town Council adopted the North 40 Specific Plan, providing detailed land use and development guidance for the area bounded by Highway 17 to the west, Los Gatos Boulevard to the east, Lark Avenue to the south and Highway 85 to the north.

WHEREAS, an Environmental Impact Report ( EIR) was prepared and certified for the North 40 Specific Plan in compliance with the California Environmental Quality Act ( CEQA).

WHEREAS, on September 27, 2016, the Town Council conducted a special meeting and provided suggestions for potential amendments to the North 40 Specific Plan; and WHEREAS, Council direction was clear that potential amendments to the North 40 Specific Plan should not require changes to the Town' s Housing Element or any additional environmental, economic, or other analysis; and
WHEREAS, the General Plan Committee met on October 27, 2016 and November 17, 2016 to discuss the Council' s suggestions for potential amendments; and WHEREAS, on November 17, 2016, specific potential amendments to the North 40 Specific Plan were forwarded by the General Plan Committee to the Planning Commission for their consideration; and
Iof4
Resolution 2018 -044 September 4, 2018
EXHIBIT 8

Page 254 ends

ITEM NO. 14.

WHEREAS, the Planning Commission began its consideration of the potential North 40 Specific Plan amendments on December 15, 2016 and continued the matter to January 26, 2017; and
WHEREAS, on January 26, 2017, the Planning Commission completed its consideration of the potential amendments and forwarded their suggestions to the Town Council for consideration; and
WHEREAS, on October 3, 2017, the Town Council held a Study Session to discuss potential amendments to the North 40 Specific Plan, received public testimony, and requested additional information on a number of topics; and
WHEREAS, on November 14, 2017, the Town Council held a Special Meeting to discuss potential amendments to the North 40 Specific Plan, received public testimony, and provided staff direction for amendments to the North 40 Specific Plan; and WHEREAS, on January 16, 2018, the Town Council held a noticed public hearing to consider amendments to the North 40 Specific Plan, received public testimony, and continued the matter to the February 6, 2018 Town Council meeting with requests for additional information from staff; and
WHEREAS, due to the length of time anticipated to consider other items on the February 6, 2018 Town Council agenda this item was continued to the March 6, 2018 meeting; and
WHEREAS, on March 6, 2018, the Town Council held a continued public hearing to consider amendments to the North 40 Specific Plan, received public testimony, and continued the matter to the April 17, 2018 Town Council meeting with requests for additional information from staff; and
WHEREAS, staff was not been able to complete the work associated with the Town Council' s requests for additional information from the April 17, 2018 Town Council meeting and the item was continued to the Town Council meeting on June 5, 2018; and WHEREAS, on June 5, 2018, the Town Council held a noticed public hearing to consider amendments to the North 40 Specific Plan, received public testimony, and continued the matter to the August 7, 2018 Town Council meeting with direction to staff. 2of4
Resolution 2018 -044 September 4, 2018 Page 255 Page 478 ITEM NO. 14.

WHEREAS, on August 7, 2018, the Town Council held a noticed public hearing to consider amendments to the North 40 Specific Plan, received public testimony, and continued the matter to the August 15, 2018 Town Council meeting with direction to staff.

WHEREAS, on August 15, 2018, the Town Council held a noticed public hearing to consider amendments to the North 40 Specific Plan and continued the matter to the September 4, 2018 Town Council meeting with direction to staffto prepare a Resolution and exhibit for the amendments agreed to and voted on by a majority of the Town Council.

WHEREAS, on September 4, 2018, the Town Council held a noticed public hearing to consider amendments to the North 40 Specific Plan and received public testimony.

NOW, THEREFORE, BE IT RESOLVED:

1. The amendments to the North 40 Specific Plan attached as Exhibit Aare approved.

2. The Town Council hereby adopts the following findings:
a. The Town Council certified an Environmental Impact Report ( EIR) and Mitigation Monitoring and Reporting Program for the North 40 Specific Plan on January 20, 2015 ( Resolution 2015 -002) and no additional environmental review is necessary for the proposed amendments; and
b. The proposed amendments to the North 40 Specific Plan are consistent with the goals and policies of the General Plan and its elements.

In addition to the above findings, the Town Council approves the amendments based on the entire administrative record.

4. The decision constitutes a final administrative decision pursuant to Code of Civil Procedure section 1094. 6 as adopted by section 1. 10. 085 of the Town Code of the Town of Los Gatos. Any application forjudicial relief from this decision must be sought within the time limits and pursuant to the procedures established by Code of Civil Procedure section 1094. 6, or such shorter time as required by state and federal Law. 3of4
Resolution 2018 - 044 September 4, 2018 Page 256 Page 479 ITEM NO. 14.

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 4th day of September, 2018, by the following vote:

COUNCIL MEMBERS
AYES: Marcia Jensen, Steve Leonardis, Mayor Rob Rennie
NAYS: Marico Sayoc, Barbara Spector
ABSENT: None.

ABSTAIN: None.

SIGNED:
rMAYOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: g 11
ATTEST:

TOWN CLERK AOR OF THE TOWN OF LOS GATOS

LOS GATOS, CALIFORNIA
DATE: tb I I?,
4of4
Resolution 2018 -044 September 4, 2018 Page 257 Page 480 ITEM NO. 14.
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Page 258 ends

ITEM NO. 14.

This Page Intentionally Left Blank

Page 259 ends

ITEM NO. 14.
2-5 Last Modified: June 17, 2015
North 40 Specific Plan
Land Use and Development Standards 2
85 17
C2 ST

NODDIN AVE
SOUTH A ST R2 ST

SOUTH A ST NORTH A ST NEIGHBORHOOD ST

LARK AVE LARK AVE

LOS GATOS BLVD LOS GATOS BLVD

NATIONAL AVE

NATIONAL AVE
ARITAN AVE.

ARITAN AVE.

CAMINO DEL SOL

BURTON RD

DISTRICT LEGEND
LARK

DISTRICT

TRANSITION

DISTRICT

NORTHERN

DISTRICT

DISTRICT
EDGE

OVERLAY
ZONE

PERIMETER

OVERLAY
ZONE
Figure 2-1 District Plan
N
EXHIBIT 9

Page 260 ends

ITEM NO. 14.
2 Land Use and Development Standards
2-6 North 40 | June 17, 2015 September 23, 2026

2.4 PERMITTED LAND USES
The Specific Plan land uses help to create a pedestrian-oriented and interactive environment that is compatible with surrounding neighborhoods as well as provides for on-site uses that are compatible with each other. The Specific Plan specifies the desired mix, as well as the location of land uses. In general, lower intensity shops, offices, and residential land uses are envisioned in the southern portion of the Specific Plan Area. Moving northward, potential land uses transition to mixed-use residential and potential hospitality uses to provide a buffer between primarily residential uses in the southern portion of the Specific Plan Area and the entertainment, restaurant, and shopping uses envisioned in the northern portion of the Specific Plan Area. The Specific Plan establishes two primary land use categories to guide development within the Specific Plan Area. These land uses categories are: (1) non-residential – including retail, office, recreation, community services, restaurants, entertainment, and hotel, and (2) residential – including condominium, cottage cluster/garden cluster housing, live-work flats, multi-family flats, multiplexes, rowhouses and townhomes. Residential development is focused on multi-family housing types and shall be designed to attract the unmet housing needs of the community. Within the Transition District, the Specific Plan encourages the development of residential units over commercial development. It is important to provide an appropriate amount of residential development in the Specific Plan Area to create a sustainable and pedestrianoriented mixed-use environment. Although residential uses will be an important component to the success of the Specific Plan Area, it will support the predominantly retail and neighborhood serving focus of the Transition and Northern Districts.

2.4.1 Permitted and Conditionally Permitted Uses
Primary uses for each of the three Districts are generally described in Section 2.3, while Table 2-1, below, provides specific direction on permitted (P) and conditionally permitted uses (CUP) for each district. Uses not listed in Table 2-1 are prohibited (refer to the Glossary for definition of uses.)
Conditional Use Permits shall meet the intent of the North 40 Goals, Policies, Vision Statement, and Guiding Principles.

2.4.2 Commercial Uses
Projects proposing new commercial square footage must present the proposal to the Conceptual Development Advisory Committee. The application submittal must include an Economic Impact Study to assess economic competitiveness.

EXHIBIT 10

Page 261 ends

ITEM NO. 14.

Land Use and Development Standards 2
North 40 Specific Plan 2-7 Last Modified: June 17, 2015 September 23, 2026 Table 2-1 PERMITTED LAND USES Table 2-1 PERMITTED LAND USES LARK

DISTRICT

TRANSITION

DISTRICT

NORTHERN

DISTRICT
LARK

DISTRICT

TRANSITION

DISTRICT

NORTHERN

DISTRICT

COMMERCIAL COMMERCIAL (CONTINUED)
A. RETAIL P P P
F.

DRIVE-UP WINDOW

FOR ANY BUSINESS,

EXCLUDING
RESTAURANTS -- -- CUP B. FORMULA RETAIL

BUSINESS
-- P P
C. MARKET HALL/

SPECIALTY
MARKET
-- P P
G.

SUPER DRUGSTORE -- -- P
D. ESTABLISHMENT

SELLING ALCOHOLIC

BEVERAGES FOR
CONSUMPTION OFFPREMISES

CUP CUP CUP
H. SUPERMARKET -- -- P
I. RESTAURANT P P P
J. PERSONAL SERVICE P P P
K. OFFICE 1
P P P
E. ESTABLISHMENT SELLING ALCOHOLIC BEVERAGES FOR

CONSUMPTION ON PREMISES
L. HOTEL -- P P
M.

FINANCIAL

INSTITUTION P P P
N. SENIOR LIVING • IN CONJUNCTION FACILITY -- -- P WITH A

RESTAURANT
P P P

RESIDENTIAL
A. COTTAGE CLUSTER CUP -- -- • WITHOUT FOOD

SERVICE (BAR) -- CUP CUP
B.

TOWNHOMES/GARDEN
CLUSTER P P -- C. ROWHOUSES P P --
D. MULTI-FAMILY P P P
2 E. CONDOMINIUMS P P P
2 F. LIVE/WORK LOFTS -- P P
2 Note:

1. Medical Office is only permitted on Assessor Parcel Numbers 424-07-102 through - 112, 424-07-099, and 424-06-129.

2. Residential only allowed in Northern District when located above commercial.

Page 262 ends

ITEM NO. 14.
2 Land Use and Development Standards
2-8 North 40 | June 17, 2015 September 23, 2026
Table 2-1 Permitted Land Uses Table 2-1 Permitted Land Uses LARK

DISTRICT

TRANSITION

DISTRICT

NORTHERN

DISTRICT
LARK

DISTRICT

TRANSITION

DISTRICT

NORTHERN

DISTRICT

RECREATION/ENTERTAINMENT SCHOOLS
A. OUTDOOR

ENTERTAINMENT -- CUP P
A. PRIVATE AND PUBLIC

SCHOOLS CUP CUP CUP
B. LIVE THEATER -- -- CUP B. INSTITUTIONAL

SCHOOLS/STUDIOS
(ARTS/CRAFTS, MUSIC,

YOGA, DANCE, KARATE,
ETC.)

CUP CUP CUP
C. HEALTH CLUB -- CUP CUP
D. COMMERCIAL

RECREATION AND

AMUSEMENT

ESTABLISHMENT -- -- CUP
C. DAY CARE CENTER CUP CUP CUP

COMMUNITY SERVICES
D. SMALL FAMILY DAY
A. CLUB, LODGE HALL, CARE HOME P P P

FRATERNAL

ORGANIZATION CUP CUP CUP
E. LARGE FAMILY DAY

CARE HOME CUP CUP CUP
B. PARK, PLAZA,

PLAYGROUND P P P TRANSMISSION FACILITIES/UTILITIES
A. TRANSMISSION

FACILITIES AND

UTILITIES CUP CUP CUP
C. PUBLIC BUILDING P P P
D. PUBLIC

TRANSPORTATION

AND PARKING

FACILITIES

P P P B RADIO/

BROADCAST

STUDIOS

CUP CUP CUP
E. RELIGIOUS

INSTITUTIONS CUP CUP CUP

Page 263 ends

ITEM NO. 14.

Land Use and Development Standards 2
North 40 Specific Plan 2-9 Last Modified: June 17, 2015 September 23, 2026

2.4.3 Non-Conforming Uses
Existing legal uses that are not permitted or listed in Table 2-1 are declared non-conforming uses. Refer to Division 5 of Article 1 of the Zoning Ordinance for definitions and regulations for managing nonconforming uses including: • Continuation of an existing use. • Repair, alteration, and maintenance. • Expansion of legal non-conforming uses, buildings, or structures.

Table 2-1 Permitted Land Uses
LARK

DISTRICT

TRANSITION

DISTRICT

NORTHERN

DISTRICT

AUTOMOTIVE (VEHICLE SALES, SERVICE, AND RELATED ACTIVITIES) A. CAR WASH -- -- CUP
B. NEW VEHICLE

SALES AND

RENTAL -- -- CUP
C. ALTERNATING

USE/SHARED
PARKING OF OFFSTREET PARKING
SPACES
P P P

AGRICULTURE AND ANIMAL SERVICES
A. BOTANICAL

NURSERY P P P
B. VETERINARY

HOSPITAL
(WITHOUT

KENNEL)
-- CUP CUP
OTHER
A. 24 BUSINESSES OR

BUSINESSES OPEN

BETWEEN THE HOURS
OF 2:00 AND 6:00 AM -- -- CUP

Page 264 ends

ITEM NO. 14.
1 of 2
Resolution 2026-XX September 23, 2026
RESOLUTION 2026-xx

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING

THE NORTH FORTY SPECIFIC PLAN TO ALLOW FOR A SENIOR LIVING FACILITY TO BE AUTHORIZED AS A PERMITTED USE IN THE NORTHERN DISTRICT.

PROJECT LOCATION: NORTH FORTY SPECIFIC PLAN AREA
NORTH FORTY SPECIFIC PLAN AMENDMENT APPLICATION: A-26-002 APPLICANT: TOWN OF LOS GATOS
WHEREAS, on June 17, 2015, the Town Council adopted the North Forty Specific Plan, providing detailed land use and development guidance for the area bounded by Highway 17 to the west, Los Gatos Boulevard to the east, Lark Avenue to the south and Highway 85 to the north; and
WHEREAS, an Environmental Impact Report was prepared and certified for the North Forty Specific Plan in compliance with the California Environmental Quality Act; and WHEREAS, on September 4, 2018, the Town Council adopted Resolution 2018-044 approving amendments to the North Forty Specific Plan; and WHEREAS, on September 23, 2026, the Planning Commission held a public hearing and received testimony from all interested persons who wished to testify or submit documents. The Planning Commission considered all testimony and materials submitted, including the packet of materials contained in the Planning Commission Agenda Report for their meeting on September 23, 2026, along with any and all subsequent reports and materials prepared concerning this application, and forwarded a recommendation of approval to the Town Council; and WHEREAS, this matter was regularly noticed in conformance with State and Town law and came before the Town Council on _____, 2026; and
WHEREAS, on ______, 2026, the Town Council held a public hearing all interested persons who wished to testify or submit documents. The Town Council considered all testimony and materials submitted, including the record of the Planning Commission proceedings and the packet of materials contained in the Council Agenda Report for their meeting on ______, 2026, along with any and all subsequent reports and materials prepared concerning this application; and
WHEREAS, the Town Council was able to make the findings required to approve the North Forty Specific Plan Amendment application; and
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Los Gatos that the proposed amendments to the North Forty Specific Plan, which are attached hereto as Exhibit A and hereby incorporated herein, are adopted; and Draft Resolution: Subject to
modification by Town Council based on
deliberations and direction.

EXHIBIT 11

Page 265 ends

ITEM NO. 14.
2 of 2
Resolution 2026-XX September 23, 2026
BE IT FURTHER RESOLVED, that this Resolution shall be effective immediately upon its adoption.

PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the ______, 2026, 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

Page 266 ends

ITEM NO. 14.
2 Land Use and Development Standards
2-6 North 40 |September 23, 2026

2.4.1 Permitted and Conditionally Permitted Uses
Primary uses for each of the three Districts are generally described in Section 2.3, while Table 2-1, below, provides specific direction on permitted (P) and conditionally permitted uses (CUP) for each district. Uses not listed in Table 2-1 are prohibited (referto the Glossary for definition of uses.)
Conditional Use Permits shall meet the intent of the North 40 Goals, Policies, Vision Statement, and Guiding Principles.

EXHIBIT A

Page 267 ends

ITEM NO. 14.

Land Use and Development Standards 2
North 40 Specific Plan 2-7
Last Modified: September 23, 2026
Table 2-1 PERMITTED LAND USES Table 2-1 PERMITTED LAND USES LARK

DISTRICT

TRANSITION

DISTRICT

NORTHERN

DISTRICT
LARK

DISTRICT

TRANSITION

DISTRICT

NORTHERN

DISTRICT

COMMERCIAL COMMERCIAL (CONTINUED)
A. RETAIL P P P
F.

DRIVE-UP WINDOW

FOR ANY BUSINESS,

EXCLUDING

RESTAURANTS
-- -- CUP B.

FORMULA RETAIL

BUSINESS
-- P P
C. MARKET HALL/

SPECIALTY
MARKET
-- P P
G.

SUPER DRUGSTORE -- -- P
D.

ESTABLISHMENT

SELLING ALCOHOLIC

BEVERAGES FOR
CONSUMPTION OFFPREMISES

CUP CUP CUP
H. SUPERMARKET -- -- P
I. RESTAURANT P P P
J. PERSONAL SERVICE P P P
K. OFFICE 1
P P P
E.

ESTABLISHMENT SELLING ALCOHOLIC BEVERAGES FOR

CONSUMPTION ON PREMISES
L. HOTEL -- P P
M.

FINANCIAL

INSTITUTION P P P
N.

SENIOR LIVING
• INCONJUNCTION FACILITY -- -- P WITH A

RESTAURANT
P P P

RESIDENTIAL
A. COTTAGE CLUSTER CUP -- --
• WITHOUT FOOD

SERVICE (BAR) -- CUP CUP
B.

TOWNHOMES/GARDEN

CLUSTER P P --
C. ROWHOUSES P P --
D. MULTI-FAMILY P P P
2 E. CONDOMINIUMS P P P
2 F. LIVE/WORK LOFTS -- P P
2 Note:

1. Medical Office is only permitted on Assessor Parcel Numbers 424-07-102 through - 112, 424-07-099, and 424-06-129.

2. Residential only allowed in Northern District when located above commercial.

Page 268 ends

ITEM NO. 14.
2 Land Use and Development Standards
2-8 North 40 |September 23, 2026
Table 2-1 Permitted Land Uses Table 2-1 Permitted Land Uses LARK

DISTRICT

TRANSITION

DISTRICT

NORTHERN

DISTRICT
LARK

DISTRICT

TRANSITION

DISTRICT

NORTHERN

DISTRICT

RECREATION/ENTERTAINMENT SCHOOLS
A. OUTDOOR

ENTERTAINMENT -- CUP P
A. PRIVATE AND PUBLIC

SCHOOLS CUP CUP CUP
B. LIVE THEATER -- -- CUP B. INSTITUTIONAL

SCHOOLS/STUDIOS
(ARTS/CRAFTS, MUSIC,

YOGA, DANCE, KARATE,
ETC.)

CUP CUP CUP
C. HEALTH CLUB -- CUP CUP
D. COMMERCIAL

RECREATION AND

AMUSEMENT

ESTABLISHMENT -- -- CUP
C. DAY CARE CENTER CUP CUP CUP

COMMUNITY SERVICES
D. SMALL FAMILY DAY
A. CLUB, LODGE HALL, CARE HOME P P P

FRATERNAL

ORGANIZATION CUP CUP CUP
E. LARGE FAMILY DAY

CARE HOME CUP CUP CUP
B. PARK, PLAZA,

PLAYGROUND P P P TRANSMISSION FACILITIES/UTILITIES
A. TRANSMISSION

FACILITIES AND

UTILITIES CUP CUP CUP
C. PUBLIC BUILDING P P P
D. PUBLIC

TRANSPORTATION

AND PARKING

FACILITIES

P P P B RADIO/

BROADCAST

STUDIOS

CUP CUP CUP
E. RELIGIOUS

INSTITUTIONS CUP CUP CUP

Page 269 ends

ITEM NO. 14.

Land Use and Development Standards 2
North 40 Specific Plan 2-9
Last Modified: September 23, 2026

2.4.3 Non-Conforming Uses
Existing legal uses that are not permitted or listed in Table 2-1 are declared non-conforming uses. Refer to Division 5 of Article 1 of the Zoning Ordinance for definitions and regulations for managing nonconforming uses including:
• Continuation of an existing use.
• Repair, alteration, and maintenance.
• Expansion of legal non-conforming uses, buildings, or structures.

Table 2-1 Permitted Land Uses
LARK

DISTRICT

TRANSITION

DISTRICT

NORTHERN

DISTRICT

AUTOMOTIVE (VEHICLE SALES, SERVICE, AND RELATED ACTIVITIES) A. CAR WASH -- -- CUP
B. NEW VEHICLE

SALES AND
RENTAL
-- -- CUP
C. ALTERNATING

USE/SHARED
PARKING OF OFFSTREET PARKING
SPACES
P P P

AGRICULTURE AND ANIMAL SERVICES
A. BOTANICAL

NURSERY P P P
B. VETERINARY

HOSPITAL
(WITHOUT

KENNEL)
-- CUP CUP
OTHER
A. 24 BUSINESSES OR

BUSINESSES OPEN

BETWEEN THE HOURS
OF 2:00 AND 6:00 AM
-- -- CUP

Page 270 ends

ITEM NO. 14.

LOS GATOS PLANNING COMMISSION 9/23/2026, Item #5,
16245 Burton Road (North Forty Specific Plan)
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A P P E A R A N C E S:

Los Gatos Planning
Commissioners:

Jeffrey Barnett, Vice Chair
Susan Burnett
Adam Mayer
Joseph Sordi
Rob Stump
Emily Thomas
Community Development
Director:

Joel Paulson
Town Attorney: Gabrielle Whelan
Transcribed by: Vicki L. Blandin
(619) 541-3405
ATTACHMENT 4

Page 494 ends

ITEM NO. 14.

LOS GATOS PLANNING COMMISSION 9/23/2026, Item #5,
16245 Burton Road (North Forty Specific Plan)
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P R O C E E D I N G S:

VICE CHAIR BARNETT: Item 5 is to forward a
recommendation to the Town Council on a request for
approval to amend the North Forty Specific Plan to allow for a senior living facility to be authorized as a
permitted use in the Northern District on properties zoned North Forty Specific Area and North Forty Specific Plan:

Housing Element Overlay Zone. Project location: North Forty Specific Area. North Forty Specific Plan Amendment
Application A-26-002. Not subject to CEQA pursuant to the Guidelines 15061(b)(3) because it can be seen with
certainty that there is no possibility that that amendment to the Specific Plan would have a significant effect on the environment. All projects to which the Specific Plan
applies will undergo separate CEQA review and approval.

Property owner is Tama Holdings LLC, the Applicant is Jared Gamelin, and the project planner is Ms. Shoopman.

A show of hands for those who have visited the
property, and any disclosures? Very good.

We can move on to the Staff Report, if Ms.

Shoopman will accommodate us.

JOCELYN SHOOPMAN: Thank you. Before you this
evening is a request to amend the North Forty Specific Plan

Page 495 ends

ITEM NO. 14.

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16245 Burton Road (North Forty Specific Plan)
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to allow for a senior living facility to be authorized as a permitted use in the Northern District. The subject
properties requesting this amendment are located at 16245 Burton Road and Assessor Parcel Number 42406116 on the
north side of Burton Road.

The Applicant proposes to amend Table 2-1,
Permitted Land Uses, of the Specific Plan to add a senior living facility as a permitted use in the Northern
District. The proposed amendments to the Specific Plan
would apply throughout the Northern District and would not be limited to the subject properties. A map of the district boundaries for the Specific Plan was provided as Exhibit 9.

The Applicant’s Letter of Justification states
that the allowance of the senior living facility as a
permitted use will provide benefits to the Town by
contributing to the supply of senior housing and supporting local and State housing objectives by introducing a range of housing options to the aging population.

Any future development of a senior living
facility would require an Architecture and Site Application and be subject to the development regulations of the
Specific Plan.

To add further clarification on CEQA, the Town
Council certified an Environmental Impact Report and

Page 496 ends

ITEM NO. 14.

LOS GATOS PLANNING COMMISSION 9/23/2026, Item #5,
16245 Burton Road (North Forty Specific Plan)
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Mitigation Monitoring and Reporting Program for the North Forty Specific Plan on January 20, 2015. Therefore, no
additional environmental review is necessary for the
proposed amendment.

Lastly, the proposed amendment is both consistent
with the General Plan and in the interest of the public in that it encourages a variety of housing types and sizes throughout the Town.

Should the Planning Commission find merit with
the request, Staff recommends that the Planning Commission forward a recommendation for approval to the Town Council subject to the draft resolution included as Exhibit 11.

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

VICE CHAIR BARNETT: Thank you for that. Are
there questions for Ms. Shoopman at this time? Go ahead, please.

COMMISSIONER SORDI: Just for the sake of
clarification, I know that there was an action by the CDAC included and referenced in the Staff Report, but my
understanding is that tonight we’re just considering adding a use to the Use Table of the North Forty Specific Plan and not taking any action or making any recommendation of a specific project, right?

Page 497 ends

ITEM NO. 14.

LOS GATOS PLANNING COMMISSION 9/23/2026, Item #5,
16245 Burton Road (North Forty Specific Plan)
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JOCELYN SHOOPMAN: That’s correct.

COMMISSIONER SORDI: Okay, thank you.

VICE CHAIR BARNETT: Other questions? My
understanding was that if this project was approved that there wouldn’t be much left in the northern portion,
although you said that it would apply to the entire
portion. Let me just try to understand. Maybe this isn’t a pertinent question, but do you understand what I’m asking? JOCELYN SHOOPMAN: Sure. What the statement is
saying is that by adding a senior living facility as a
permitted use in the Northern District it could allow other undeveloped, or developed properties for that matter, in the future to also propose a senior living facility
project.

VICE CHAIR BARNETT: In the northern section?
JOCELYN SHOOPMAN: Correct.

VICE CHAIR BARNETT: Okay. Seeing that there are
no further questions of Staff, I will now open the public portion of the public hearing on Item 5 and give the
Applicant an opportunity to address the Commission for up to five minutes, and I have a card from Mr. Alvarez, or Ms.

Alvarez, excuse me. No, not either.

MICHAELLE WILLIAMS: No, I’m not either. I’m just
here for the Applicant.

Page 498 ends

ITEM NO. 14.

LOS GATOS PLANNING COMMISSION 9/23/2026, Item #5,
16245 Burton Road (North Forty Specific Plan)
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VICE CHAIR BARNETT: Please state your name and
proceed.

MICHAELLE WILLIAMS: My name is Michaelle
Williams and I’m the architect hired by the property owner to process this permit amendment. We’ve been working with the Town and Jocelyn Shoopman, the planner on this, and we just are excited about the North Forty plan for Los Gatos.

We’ve seen the vision you guys have created and feel that adding senior living to this northern portion would be a great addition, and create a lot of opportunity for the Town and the residents in the area.

I’m going to keep it pretty simple. We’re excited
to potentially move to the next step, and if you guys have any other questions or feedback, we’re here to answer
those, and we just thank you for your time tonight. Thank you.

VICE CHAIR BARNETT: Thank you for that. Stand by
for questions, please, Ms. Williams. Are there any
questions for the speaker? I guess not. Thank you very
much.

We’ll now invite comments from members of the
public, if any. I don’t have any cards. Oh, I do have a card from Mr. Alvarez, excuse me. Now you can come forward,

Page 499 ends

ITEM NO. 14.

LOS GATOS PLANNING COMMISSION 9/23/2026, Item #5,
16245 Burton Road (North Forty Specific Plan)
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and state your name, and you have five minutes. Three
minutes. Yes, excuse me. Getting late.

DANIEL ALVAREZ: Thank you. Good evening, my name
is Daniel Alvarez; I’m a field representative for the North Coast Carpenters Union representing members here in Santa Clara County.

I believe this project can be a great addition to
our community, and it can help out towards the housing that we need, especially for older generations.

But as we talk about building housing for our
community, we need to remember the hardworking people that also make this place happen. (Inaudible) have strong labor standards to make sure workers are treated fairly, are not taken advantage of, and are paid a livable wage. We all know how expensive it is to live here in the Bay Area, and workers should be able to support themselves and their
families.

I would also like to encourage the developer to
talk to us and have a conversation with us and try to work together, not just for the community, but also for the
workers. Thank you.

VICE CHAIR BARNETT: Thank you, Mr. Alvarez.

Questions? Commissioner Thomas.

Page 500 ends

ITEM NO. 14.

LOS GATOS PLANNING COMMISSION 9/23/2026, Item #5,
16245 Burton Road (North Forty Specific Plan)
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COMMISSIONER THOMAS: I do just have one question
for you about if there are any local municipalities that have passed any like labor ordinances or conditions of
approval that recently…
DANIEL ALVAREZ: I do not have them with me, but
there are also other cities that have some kind of
language, and I can get that to you.

COMMISSIONER THOMAS: Okay. If you could share
that maybe with us, that would be great.

DANIEL ALVAREZ: Absolutely. I will do that.

COMMISSIONER THOMAS: Thank you.

DANIEL ALVAREZ: Thank you.

VICE CHAIR BARNETT: Thank you, sir. Anyone on
Zoom?
DIRECTOR PAULSON: There are no hands raised on
Zoom.

VICE CHAIR BARNETT: Okay. If the Applicant
wishes to make a three-minute presentation; you don’t have to. I would guess not based on your initial presentation, so I’ll now close the public portion of the public hearing on Item 5 and invite Commissioners to ask questions of
Staff or propose a motion so we can have discussion under Rosenberg’s Rules. I’ll start with Commissioner Burnett.

Page 501 ends

ITEM NO. 14.

LOS GATOS PLANNING COMMISSION 9/23/2026, Item #5,
16245 Burton Road (North Forty Specific Plan)
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COMMISSIONER BURNETT: Thank you. A question for
Staff. This is the North Forty Specific Plan, the whole area there, Phase 1, Phase 2, and now we’re talking about the Burton Road area, is that correct?
JOCELYN SHOOPMAN: We’re talking about the
Northern District of the Specific Plan, and so that does encompass portions of Burton Road. There are also portions in the Northern District that are within Phase 2, so the Northern District encompasses that last third of the
Specific Plan area.

COMMISSIONER BURNETT: So, with this new project
there would be other areas for development that would come before us?
JOCELYN SHOOPMAN: If the use were added to the
Specific Plan area as being permitted, the Applicant could apply for an Architecture and Site Application proposing a senior living facility, and that would come before a public hearing.

COMMISSIONER BURNETT: Thank you.

VICE CHAIR BARNETT: Other questions?
Commissioner Thomas, please.

COMMISSIONER THOMAS: I have a question for Staff
just about if this was ever discussed as a use in the past when this plan was made? I don’t think any of us on the

Page 502 ends

ITEM NO. 14.

LOS GATOS PLANNING COMMISSION 9/23/2026, Item #5,
16245 Burton Road (North Forty Specific Plan)
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Commission were part of the original North Forty Specific Plan, but do you know anything about that, if it was
discussed or not at that time?
DIRECTOR PAULSON: I’m happy to jump in here, and
even though none of you were on the Planning Commission during the Specific Plan, to think that I’m going to
remember 16 years ago when we first started discussing this is probably a stretch. That being said, I don’t recall a specific conversation about senior living facilities at that time. These seem to arise as more of an opportunity people are exploring in the last half dozen years or so.

COMMISSIONER THOMAS: Great. Thank you. Just
wanted to confirm that I hadn’t missed anything, like there was a reason this was not in the original plan, but I’m happy to put a motion on the table.

VICE CHAIR BARNETT: Please do.

COMMISSIONER THOMAS: I move to forward the
recommendation to Town Council about the request for
approval to amend the North Forty Specific Plan to allow for a senior living facility to be authorized as a
permitted use in the Northern District on property zoned in that area. I can make the findings that it is exempt from CEQA as outlined in Exhibit 2 of the Staff Report, and as a person that did sit on the General Plan Committee, I

Page 503 ends

ITEM NO. 14.

LOS GATOS PLANNING COMMISSION 9/23/2026, Item #5,
16245 Burton Road (North Forty Specific Plan)
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believe that adding a senior living facility as a use,
especially in this location where there is some access to transit, it is actually on a bus route, close to medical facilities, etc., very much aligns with our General Plan and many elements, so I do believe that this is an
appropriate use in this region.

VICE CHAIR BARNETT: May I ask the Maker of the
Motion to include that the recommendation for approval
includes the amendments to the North Forty Specific Plan and the draft resolution in Exhibit 11?
COMMISSIONER THOMAS: Yes, it includes Exhibit 2
and the Exhibit 11, the changes in Exhibit 11, yes.

VICE CHAIR BARNETT: Okay, thank you. Second?
Commissioner Stump.

COMMISSIONER STUMP: Second.

VICE CHAIR BARNETT: Discussion?
DIRECTOR PAULSON: Through the Chair. I would
offer that the Maker and the Seconder also accept the
additional information entered into the record by Ms.

Shoopman related to CEQA and General Plan conformance, and that will be included in the resolution moving forward to Council.

COMMISSIONER THOMAS: Yes, Town Council adopted a
CEQA document on January 20, 2015 that covers this also.

Page 504 ends

ITEM NO. 14.

LOS GATOS PLANNING COMMISSION 9/23/2026, Item #5,
16245 Burton Road (North Forty Specific Plan)
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VICE CHAIR BARNETT: And the Seconder?
COMMISSIONER STUMP: Agreed.

VICE CHAIR BARNETT: Okay. Discussion?
Commissioner Mayer.

COMMISSIONER MAYER: I’m inclined to support the
motion, but before I support it I wanted to get a
clarification from Staff on one item, on Housing Element Implementation Program D, and specifically reamend the
Specific Plan to remove guest parking requirements and
modify development standards.

ATTORNEY WHELAN: I think that might be the next
item.

COMMISSIONER MAYER: Oh, is that the next item?
Sorry about that. Okay, I got it.

VICE CHAIR BARNETT: I just want to comment that
this did come before the Conceptual Development Advisory Committee and we had a number of points, but those are
issues to be addressed downstream and not tonight; this was pointed out earlier.

I think I’ll call the question. All in favor? And
it passes unanimously. Thank you. Appeal rights?
SEAN MULLIN: Since this is a recommendation,
there are no appeal rights.

VICE CHAIR BARNETT: Thank you.

Page 505 ends

ITEM NO. 14.

PREPARED BY: Monica Renn
Economic Vitality Manager
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Administrative Services Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov

TOWN OF LOS GATOS

COUNCIL AGENDA REPORT
MEETING DATE: 10/20/2026
ITEM NO: a
DATE: October 12, 2026
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Discuss Potential Future Council Consideration of Requests Associated with a Multi-Cultural Winter Celebration
RECOMMENDATION: Discuss whether to place an item on a future Town Council agenda to consider a potential waiver of event related Town fees, Town sponsorship, and associated policy considerations for the proposed Multi Cultural Winter Celebration.

FISCAL IMPACT:

There is no direct fiscal impact associated with this discussion. The event organizers have requested a waiver of approximately $5,600 in Town fees. Any potential fee waiver would require further legal and policy review, including consideration of amendments to the adopted Fee Schedule Resolution, before Council could take action.

STRATEGIC PRIORITY:

Not applicable. This item is a Council requested discussion.

BACKGROUND:

At the October 6, 2026 Town Council meeting, Mayor Rob Moore requested that the Council agendize a discussion regarding Congregation Shir Hadash and the West Valley Muslim Association’s request for a proposed Multi Cultural Winter Celebration in Plaza Park. Vice Mayor Maria Ristow supported the request.

Council Policy 2-01, Town Agenda Format and Rules, provides that a Council Member may request an item for a future agenda during Council Matters. With support from a second Council Member, the item is scheduled for discussion only on the next agenda under Council

Page 506 ends

ITEM NO. a.

PAGE 2 OF 3
SUBJECT: Council Matters: Discuss a Multi-Cultural Winter Celebration Special Event and Potential Fee Waiver
DATE: October 20, 2026
Matters. The policy also provides that three or more Council Members may request action and, if the Town Manager determines an item requires significant staff effort, at least three Council Members must vote to place it on a future agenda for action.

Accordingly, the present item is before the Council for discussion and potential future agenda direction, not for consideration or approval of the underlying requests DISCUSSION:

The Town received a special event permit application from Congregation Shir Hadash and the West Valley Muslim Association for a proposed Multi-Cultural Winter Celebration in Plaza Park.

The proposal includes informational displays from December 1 through 8, 2026 and a community celebration on December 5, 2026. The permit application is being reviewed administratively under existing Town procedures.

The organizers have requested that the Town waive event related fees, estimated at approximately $5,600, and be identified as an event sponsor on promotional materials. Neither request is being presented for approval at this meeting.

Before Council could consider substantive action, staff and the Town Attorney would need to evaluate several policy and legal matters, including the authority to waive fees, potential amendments to the adopted Fee Schedule, policies governing multi-day displays in Town parks, and the legal implications of Town sponsorship of an event involving religious expression on public property. This review would include applicable First Amendment and Establishment Clause considerations. Additional analysis and potential policy amendments will be necessary before an action item could be brought forward and such effort would be significant for purposes of the Agenda Setting Policy 2-01.

Should three or more Council Members support further consideration consistent with Council Policy 2-01, staff would return at a future meeting with the necessary legal and policy analysis and potential options for Council consideration. Such direction would not constitute approval of the event organizers' requests or authorize a fee waiver, Town sponsorship, or changes to existing policies.

CONCLUSION:

Staff requests Council discussion regarding whether to place potential action concerning a fee waiver, Town sponsorship, or related policy amendments on a future Council agenda. No decision on these substantive matters is requested today.

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ITEM NO. a.

PAGE 3 OF 3
SUBJECT: Council Matters: Discuss a Multi-Cultural Winter Celebration Special Event and Potential Fee Waiver
DATE: October 20, 2026
COORDINATION:

This report was coordinated by the Town Manager’s Office in consultation with the Town Attorney’s Office.

ENVIRONMENTAL ASSESSMENT:

This agenda setting discussion is not a project under the California Environmental Quality Act (CEQA).

Attachments:

1. Multi-Cultural Winter Celebration Display Rendering provided by Permit Applicant

Page 508 ends

ITEM NO. a.

ATTACHMENT 1
Rendering of Proposed Multi-Cultural Winter Celebration multi-day display provided by the event organizers:

Page 509 ends

ITEM NO. a.

Los Gatos City CouncilOctober 20, 2026

Los Gatos City Council
October 20, 2026