Ord 2273 - Amending Chapter 29 (Zoning Regulations) of the Town Code regarding Planned Development Ordinances and the CUP TableORDINANCE 2273
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING CHAPTER 29 (ZONING REGULATIONS) OF THE TOWN CODE REGARDING
PLANNED DEVELOPMENT ORDINANCES AND THE CONDITIONAL USE PERMIT TABLE
WHEREAS, on November 4, 2013, an Ad Hoc Committee of the Town Council was
established to study Planned Developments (PD) and the use of the PD Overlay Zoning within
the Town of Los Gatos; and
WHEREAS, on February 17, 2015, the Town Council adopted Resolution 2015 -008
establishing the Planned Development Study Committee (PDSC), which was tasked to research
the PD overlay zoning designation and Conditional Use Permit process and formulate
recommendations for the Town Council's consideration; and
WHEREAS, on August 2, 2016, the recommendations of the PDSC were presented to the
Town Council, who directed Town staff to prepare proposed amendments to the Town Code,
General Plan, and other policy documents, incorporating the recommendations from the PDSC,
and to forward them to the Planning Commission for consideration; and
WHEREAS, on February 14, 2018, the recommendations of the PDSC and results of staff
research were considered by the Planning Commission, who continued consideration on the
item to the March 28, 2018 Planning Commission meeting with direction to staff to provide
additional information from neighboring jurisdictions; and
WHEREAS, on March 28, 2018, staff provided the Planning Commission with the
additional information and the Planning Commission forwarded a recommendation for
approval to the Town Council; and
WHEREAS, this matter was regularly noticed in conformance with State and Town law
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Ordinance 2273 May 1, 2018
and came before the Town Council for public hearing on April 17, 2018;
WHEREAS, on April 17, 2018, the Town Council accepted the report of the Planning
Commission's recommendation and voted to introduce an Ordinance on the proposed
amendments regarding Planned Development Ordinances and the Conditional Use Table.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN
AS FOLLOWS:
SECTION I
Town Code Chapter 29 is hereby amended to read as follows:
DELETED SECTIONS:
ARTICLE VIII. DIVISION 2 — PD or PLANNED DEVELOPMENT OVERLAY ZONE
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ARTICLE I. DIVISION 1. Sec. 29.10.020. Definitions.
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ARTICLE I. DIVISION 1. Sec. 29.10.020. Definitions.
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ARTICLE IV. DIVISION 3. Sec. 29.40.255. - Subdivision requirements.
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ARTICLE IV. DIVISION 3. Sec. 29.40.255. - Subdivision requirements.
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PROPOSED SECTIONS:
ARTICLE VIII. DIVISION 2 — PD or PLANNED DEVELOPMENT OVERLAY ZONE
DIVISION 2. PLANNED DEVELOPMENT OVERLAY ZONE
Sec. 29.80.075. Purpose and Intent.
Sec. 29.80.080. Limitations on Use of Planned Development
Sec. 29.80.085. Relationship of Planned Development procedures to other ordinances
Sec. 29.80.090. Requirements.
Sec. 29.80.095. Findings.
Sec. 29.80.100. Phased development.
Sec. 29.80.105. Dedication prior to issuance of first building permit
Sec. 29.80.110. Vested.
Sec. 29.80.120. Amendments to Previously Approved Planned Developments
Sec. 29.80.075. Purpose and Intent.
As more specifically provided in Section 29 80 080 (B) the purpose and intent of the Planned
Development Overlay Zone (PD) is to preserve enhance and /or promote:
1. The Town's natural and historic resources:
2. The production of affordable housing;
3. The maximization of open space; and /or
4. A project that provides a public benefit to the citizens of the Town
Sec. 29.80.080. Limitations on Use of a Planned Development
A. The PD overlay is not intended for:
1. Uses inconsistent with the General Plan;
2. Proposed development that is reasonably feasible under the existing Town Code; or
3. A deviation of standards applicable to similar types of development
B. An Application for a PD shall only be considered by the recommending and deciding
bodies if it meets the Purpose and Intent of this Division and meets one or more of the
following criteria:
1. A project that provides a public benefit to the citizens of the Town
2. Property that is designated within the Hillside Development Standards and Guidelines
Area Map.
3. Property that has a historical designation or is within a Landmark Historic Preservation
(LHP) Overlay Zone.
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4. Property with a tree or "stand of trees" that is unique historical ecological or of
aesthetic value, as determined according to standards set forth in the Town's Tree
Protection Ordinance.
5. Property that contains a stream channel or creek that supports or has supported
riparian vegetation, fish, and /or aquatic life as further defined in the Guidelines and
Standards for Land Use Near Streams.
6. A property with a geological hazard or within a fault zone.
7. A property being considered for affordable housing as defined in the Town's adopted
and certified Housing Element.
8. A property being considered for a use or combination of uses not allowed in the Town's
existing zoning districts.
9. A property being considered for the creative use of the site consistent with the base
zoning district.
Sec. 29.80.085. Relationship of Planned Developments to other adopted land use documents
The Planned Development Overlay shall not be used to deviate from General Plan provisions
Guidelines adopted by the Town Council the standards contained in any existing land use
regulation, or anv other provision of the Town Code otherwise applicable to the property except as
otherwise provided in Section 29.80 095 (4).
Sec. 29.80.090. Requirements.
The PD application shall include text and plans or diagrams that clearly demonstrate and specifv
all of the following:
1. Compliance with all sections of this Division.
2. Conformity of the PD to the goals policies applicable land use designation(s)
and standards of the General Plan.
3. A plan or set of plans that identify characteristics existing on the propertv which
warrant application of the PD Overlay Zone.
4. Proposed distribution, location and extent of the land uses on the site including
open space.
5. Proposed standards and criteria by which development will proceed including
standards for conservation development and utilization of natural and /or
historic resources.
6. Proposed deviations from the land use regulations and development standards
applicable to the underlying zoning district(s).
7. Description of the public benefit of the proposal
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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 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.
Sec. 29.80.100. Phased development.
Proposed phasing plans shall be reviewed and adopted by the Town Council only if each phase is
self- sufficient and is not dependent on subsequent phases to fulfill infrastructure requirements
and /or conditions of approval.
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.
Sec. 29.80.110. Vested.
Failure to obtain building permits for the approved Planned Development within 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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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.
AMENDED SECTIONS:
ARTICLE H. DIVISION 3. Sec. 29.40.255. — Table of Conditional Uses
(8) Residential Uses RC AR Rl RD R -M R -1D RNIH O C -1 C-2 CA LM CM
a One- family dwelling
mixed -use orolect) x x K x x
b. T%Ao-famdy dwellmg (in a
m2wd-use >noiect) x x x x
C- 'Multi -firmly dwelling
mixed -use project) x x x x x
K x x
e— ApaztmenEkstel x x x
hsLxzag residence
kg. Conversion of a mobile home
park to ,..._a__:_ -.....
ewae§ip -am otheruse x x
yA,%Nwkunits x x x x x
SECTION II
The Town Council finds as follows:
A. This ordinance is not subject to review under CEQA pursuant to section
15061(b)(3), in that it can be seen with certainty that there is no possibility that the proposed
amendment to the Town Code would have significant impact on the environment; and
B. The proposed Town Code amendments are consistent with the General Plan
and its Elements.
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SECTION III
If any provision of this ordinance or the application thereof to any person or
circumstance is held invalid, such invalidity shall not affect other provisions or applications of
the ordinance which can be given effect without the invalid provision or application, and to this
end the provisions of this ordinance are severable. This Town Council hereby declares that it
would have adopted this ordinance irrespective of the invalidity of any particular portion
thereof and intends that the invalid portions should be severed and the balance of the
ordinance be enforced.
SECTION IV
Except as expressly modified in this Ordinance, all other sections set forth in the Los
Gatos Town Code shall remain unchanged and shall be in full force and effect.
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SECTION V
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on April 17, 2018 and adopted by the following vote as an ordinance of the Town of
Los Gatos at a meeting of the Town Council on May 1, 2018 and becomes effective 30 days
after it is adopted.
In Lieu of publication of the full text of the ordinance within fifteen (15) days after its
passage a summary of the ordinance may be published at least five (5) days prior to and fifteen
(15) days after adoption by the Town Council and a certified copy shall be posted in the office
of the Town Clerk, pursuant to GC 36933(c)(1).
COUNCIL MEMBERS
AYES:
Marcia Jensen, Steve Leonardis, Marico Sayoc, Mayor Rob Rennie
NAYS
Barbara Spector
ABSENT:
None.
ABSTAIN:
None.
SIGNED
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: 51 .)- /I e
ATTEST:
CLERK ADMIWSTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: % f
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