Staff Report with Attachments 1 through 4.15810 Los Gatos Boulevard
PREPARED BY: Jocelyn Shoopman
Associate Planner
Reviewed by: Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 05/10/2023
ITEM NO: 2
DATE: May 5, 2023
TO: General Plan Committee
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider a Request for Approval of a Zone Change from R-1:8 Prezone
(Single-Family Residential, Minimum Lot Size of 8,000 square feet) to CH
(Restricted Commercial Highway) and a General Plan Amendment to Change
the Land Use Designation from Low Density Residential to Mixed Use
Commercial for Property Located at 15810 Los Gatos Boulevard. APN: 523-
01-001. An Environmental Impact Report (EIR) was prepared and certified for
the 2040 General Plan Update on June 30, 2022, which included the
proposed General Plan Amendment for the property located at 15810 Los
Gatos Boulevard. No further environmental analysis is required. PROPERTY
OWNER/APPLICANT: Jesus Ching and Kathleen Ban. PROJECT PLANNER:
Jocelyn Shoopman.
RECOMMENDATION:
Consider a request for approval of a zone change from R-1:8 Prezone (Single-Family Residential,
minimum lot size of 8,000 square feet) to CH (Restricted Commercial Highway) and a General
Plan amendment to change the land use designation from Low Density Residential to Mixed
Use Commercial, for a property located at 15810 Los Gatos Boulevard.
BACKGROUND:
The subject parcel is located at the southeast corner of Los Gatos Boulevard and Farley Road
(Attachment 1). The property is currently located in an unincorporated area of Santa Clara
County. Under Santa Clara County development regulations, the parcel has a zoning of OA
(Administrative, Professional Office) and a General Plan land use designation of Urban Service
Area Los Gatos. Concurrently with the Zone Change and General Plan Amendment application,
the property owner has submitted an Annexation application that is currently under review by
the Town and County.
PAGE 2 of 5
SUBJECT: 15810 Los Gatos Boulevard/Z-23-001 and GP-23-002
DATE: May 5, 2023
BACKGROUND (continued):
On June 30, 2022, the Town Council approved the 2040 General Plan, which included modifying
the land use designation of the property located at 15810 Los Gatos Boulevard from Low
Density Residential to Mixed Use Commercial. On August 16, 2022, signatures were submitted
to the Town in support of a referendum on the Land Use and Community Design Elements of
the approved 2040 General Plan. Once the referendum signatures were verified by the County
Registrar in late September, the 2040 General Plan Land Use and Community Design Elements
were suspended in accordance with Elections Code Section 9237.
On October 4, 2022, Town Council approved a Resolution to confirm suspension of the 2040
General Plan Land Use and Community Design Elements and provide that the 2020 General
Plan Land Use and Community Design Elements govern during the suspension period . The land
use designation of this property, based on the 2020 Land Use Element, is therefore returned to
Low Density Residential for the period of that suspension.
The role of the General Plan Committee (GPC) is to assist the Planning Commission and Town
Council on matters relating to the General Plan or any specific plans. As a legislative item, the
Planning Commission will make a recommendation to Town Council on the entire project,
including the General Plan amendment.
DISCUSSION:
The following is a brief list of issues and topics for consideration by the GPC. Staff has not
reached conclusions on these topics and provides them to help frame the discussion and to
solicit input. The main question for the GPC is whether the applicant’s request to change the
General Plan land use designation is consistent with the General Plan.
A. General Plan Land Use Designations
The applicant is proposing a General Plan amendment to change the land use designation
from Low Density Residential to Mixed Use Commercial.
The proposed Mixed Use Commercial land use designation provides for the following:
• A mixture of retail, office, and residential in a mixed -use project, along with lodging,
service, auto-related businesses, non-manufacturing industrial uses, recreational uses,
and restaurants;
• Projects developed under this designation shall maintain the smalltown, residential
scale and natural environments of adjacent residential neighborhoods, as well as
provide prime orientation to arterial street frontages and proper transitions and buffers
to adjacent residential properties; and
PAGE 3 of 5
SUBJECT: 15810 Los Gatos Boulevard/Z-23-001 and GP-23-002
DATE: May 5, 2023
DISCUSSION (continued):
• This designation should never be interpreted to allow development of independent
commercial facilities with principal frontage on the side streets.
The existing Low Density Residential land use designation provides for single-family
residential properties located on generally level terrain. It encourages single-family
residential development in either the standard development established by traditional
zoning or by innovative forms obtained through planned development.
The subject parcel is bound by parcels with a Low Density Residential General Plan land use
designation to the east and south (Attachment 1). The parcels to the north and west have a
Mixed Use Commercial General Plan land use designation. A table of the surrounding
General Plan land use designations is provided below.
Existing Land Use Existing General Plan
North Commercial Mixed Use Commercial
South Residential Low Density Residential
East Residential Low Density Residential
West Commercial Mixed Use Commercial
The property is on the corner of Los Gatos Boulevard and Farley Road with driveway access
off of both streets. The adjoining residential properties to the south along Los Gatos
Boulevard have access off of Oleander Avenue and the adjoining property to the east has
access of off Farley Road (Attachment 1).
The present use of the subject property is a dentist office. Under the current regulations,
the non-conforming use would be permitted to continue; however, the non-conforming use
would be limited in that any modification, such as an increase in the proposed floor area,
increase in the required parking, or increase in the number of hours of operation would be
considered an intensification of the use which would require approval of a Conditional Use
Permit. A proposal to demolish and construct a new commercial building under the same
proposed use of a dentist’s office would not be permitted on a residentially zoned parcel. At
this time, no modifications to the building are proposed by the applicant (Attachment 2).
In addition to the General Plan amendment under consideration, the applicant has also
submitted a Zone Change application (Z-23-001) to rezone the property from R-1:8 Prezone
to CH.
PAGE 4 of 5
SUBJECT: 15810 Los Gatos Boulevard/Z-23-001 and GP-23-002
DATE: May 5, 2023
DISCUSSION (continued):
B. General Plan Goals/Policies/Strategies
Applicable 2020 General Plan goals and policies that will be used to evaluate the proposed
General Plan amendment, as well as the Zone Change application, for this site include, but
are not limited to the following:
Land Use Goals
▪ LU-1 – To preserve, promote, and protect the existing small-town character and
quality of life within Los Gatos.
▪ LU-6 – To preserve and enhance the existing character and sense of place in residential
neighborhoods.
▪ LU-9 – To provide residents with adequate commercial and industrial services.
▪ LU-12 – To ensure an appropriate mix of land use types along Los Gatos Boulevard in
order to maintain the economic vitality of the corridor and continue to serve the needs
of Town residents.
▪ LU-13 – To promote appropriate and compatible development along Los Gatos Boulevard
that complements the whole Town and serves residents and families.
Land Use Policies
▪ LU-1.4 – Infill projects shall be designed in context with the neighborhood and
surrounding zoning with respect to the existing scale and character of surrounding
structures, and should blend rather than compete with the established character of
the area.
▪ LU-1.8 – Commercial development of any type (office, retail, research and development,
etc.) shall be designed in keeping with the small-town character of Los Gatos.
▪ LU-2.1 – Minimize vehicle miles traveled for goods and services by allowing and
encouraging stores that provide these goods within walking distance of neighborhoods in
Los Gatos.
▪ LU-6.1 – Protect existing residential areas from the impacts of nonresidential
development.
▪ LU-6.2 – Allow non-residential activity in residential areas only when the character and
quality of the neighborhood can be maintained.
▪ LU-6.3 – Protect existing residential areas from adjacent nonresidential uses by assuring
that buffers are developed and maintained.
▪ LU-6.4 – Prohibit uses that may lead to the deterioration of residential neighborhoods, or
adversely impact the public safety or the residential character of a residential
neighborhood.
▪ LU-6.5 – The type, density, and intensity of new land use shall be consistent with that of
the immediate neighborhood.
PAGE 5 of 5
SUBJECT: 15810 Los Gatos Boulevard/Z-23-001 and GP-23-002
DATE: May 5, 2023
DISCUSSION (continued):
Community Design Goals
▪ CD-6 – To preserve, promote, and protect the existing small-town character and
quality of life within Los Gatos.
Community Design Policies
▪ CD-12.2 – Encourage the preservation, maintenance, and adaptive reused of existing
residential, commercial, or public buildings.
PUBLIC COMMENTS:
As of the drafting of this report, no comments from the public have been received.
CONCLUSION:
The GPC should consider the existing and proposed General Plan land use designations and
make a recommendation to the Planning Commission on whether the proposed General Plan
amendment from Low Density Residential to Mixed Use Commercial is consistent with the
Town’s General Plan.
Attachments:
1. Location Maps (Showing Existing and Proposed General Plan Designations)
2. Letter from Applicant
3. Property Aerial and Photos
4. Property Survey
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Low Density Residential
Low Density Residential
Low Density Residential
Mixed Use Commercial
Low Density Residential
Mixed Use Commercial
Low Density Residential
Low Density Residential
Mixed Use Commercial
Mixed Use Commercial
Low Density Residential
Mixed Use Commercial
FARLEY RD
CAMELLIA TELOS GATOS BLFRA
N
K
A
V
OLEANDER AV
LER
O
Y
A
V
15810 Los Gatos BoulevardExisting Land Use Designation
ATTACHMENT 1
Low Density Residential
Low Dens ity Residential
Low Dens ity Residential
Mixed Us e Comme rcial
Low Density Residential
Mixed Us e Comme rcial
Low Dens ity Residential
Low Dens ity Residential
Mixed Us e Comme rcial
Mixed Us e Comme rcial
Low Dens ity Residential
Mixed Us e Comme rcial
FARLEY RD
CAMELLIA TELOS GATOS BLFRANK AV
OLEANDER AVLEROY AV
15810 Los Gatos BoulevardProposed Land Use Designation
ATTACHMENT 2
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ATTACHMENT 4
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