Item 4 - Staff Report with Exhibits 1-3.HEOZ
PREPARED BY: Jocelyn Shoopman and Erin Walters
Associate Planner and Associate Planner
Reviewed by: Community Development Director, Planning Manager, and Town Attorney
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 08/23/2023
ITEM NO: 4
DATE: August 18, 2023
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Forward a Recommendation to the Town Council for a Request to Amend the
General Plan to Include a Description of the Housing Element Overlay Zone
and Amend the Town Code to Modify the Affordable Housing Overlay Zone
Division 5 of Article VIII Overlay Zones and Historic Preservation to be the
Housing Element Overlay Zone as Division 5 of Article VIII Overlay Zones and
Historic Preservation. 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 Amendments. No Further Environmental
Analysis is Required. Zoning Code Amendment Application Z-23-002 and
General Plan Amendment Application GP-23-002. Project Location: Town
Wide. Applicant: Town of Los Gatos.
RECOMMENDATION:
Forward a recommendation of approval to the Town Council for the following items:
1. Amend the 2020 General Plan Land Use Element to include a description of the Housing
Element Overlay Zone (HEOZ); and
2. Amend the Town Code to modify the Affordable Housing Overlay Zone (AHOZ) of Division 5,
Article VIII Overlay Zones and Historic to be the HEOZ.
BACKGROUND:
The Town of Los Gatos is required to prepare an updated Housing Element for the period
covering 2023-2031 that is certified by the State Housing Community Development Department
(HCD). The Housing Element is one of nine State-mandated elements that must be included in
every General Plan. The Housing Element assesses housing needs for all income groups within
PAGE 2 of 8
SUBJECT: General Plan Amendment and Housing Element Overlay Zone/Z-23-002 and GP-
23-002
DATE: August 18, 2023
BACKGROUND (continued):
the community and identifies implementation programs to meet those housing needs. Unlike
other General Plan elements, the Housing Element must be updated every eight years, rather
than every 10 to 20 years, must address statutory requirements regarding its content, and is
subject to mandatory review by HCD. The Town’s Regional Housing Needs Allocation (RHNA)
for the sixth cycle planning period is 1,993 units.
On January 30, 2023, the Town Council adopted the 2023-2031 Housing Element with
modifications to the Sites Inventory, finding that it was in substantial compliance with State
law. Two of the Implementation Programs contained in the Housing Element adopted by Town
Council are the basis for the items under consideration and described in further det ail below.
The Town continues to work with HCD to get the 2023-2031 Housing Element certified and
resubmitted its latest version to HCD on March 31, 2023.
The Housing Element Advisory Board (HEAB) met on July 20, 2023, to review and discuss
portions of the Town’s interim working Draft Revised Housing Element addressing HCD’s
findings/comment letter received by the Town on May 30, 2023.
The most recent information on the status of the ongoing Housing Element update process can
be viewed online at: https://www.losgatosca.gov/HousingElement.
DISCUSSION:
A. General Plan Committee
On July 20, 2023, at a special meeting, the General Plan Committee (GPC) reviewed the
requests described below and recommended approval of the General Plan amendments to
the Planning Commission and Town Council.
B. General Plan Land Use Designation
The 2023-2031 Housing Element includes Implementation Programs that involve rezoning
of parcels within the Town to allow for modified development standards. The purpose of
these modified development standards is to provide the development capacity required by
State law and the Town’s RHNA, as mentioned above.
PAGE 3 of 8
SUBJECT: General Plan Amendment and Housing Element Overlay Zone/Z-23-002 and GP-
23-002
DATE: August 18, 2023
DISCUSSION (continued):
• Implementation Program BG, General Plan Amendment
Amend the General Plan to modify the designation of 16492 Los Gatos Boulevard and
Assessor Parcel Number (APN) 532-07-086 from Low Density Residential to
Neighborhood Commercial, modify the designation of the Caltrans right- of-way from
Low Density Residential to Medium Density Residential, and establish new maximum
densities for the High Residential, Medium Density Residential, Low Density Residential,
Mixed-Use, Neighborhood Commercial, and Central Business District land use
designations to provide for the development of housing for the sites in the Site
Inventory.
The first step in creating the new maximum densities referenced in Implementation
Program BG, is the addition of the HEOZ and the associated development standards in the
2020 General Plan Land Use Element. In addition to density, those development standards
will also include lot coverage, floor area, and height, as provided in Table LU-2 on the
following page and included in Exhibit 2.
The Town has received public comments since the July 20, 2023, GPC meeting suggesting a
future need to add sites to the Sites Inventory as a result of No Net Loss law. In response to
these comments, staff is recommending the modifications shown in underlined text to
Table LU-2, HEOZ Development Standards to ensure that standards are included for all land
use designations. Given the requirements of No Net Loss law, the addition of sites to the
Sites Inventory may be required in the future as sites on the c urrent inventory are
developed.
PAGE 4 of 8
SUBJECT: General Plan Amendment and Housing Element Overlay Zone/Z-23-002 and GP-
23-002
DATE: August 18, 2023
DISCUSSION (continued):
Table LU-2, HEOZ Development Standards
Designation Standards
Low Density Residential Density: 0 – 5 du/ac
Lot Coverage: Up to 50%
Max. Height: 30 feet
Medium Density Residential Density: 14 – 22 du/ac
Density in Very High Fire Hazard
Severity Zones: 5 – 12 du/ac
Lot Coverage: Up to 75%
Max. Height: 35 feet
High Density Residential Density: 30 – 40 du/ac
Lot Coverage: Up to 75%
Max. Height: 45 feet
Mixed-Use Density: 30 – 40 du/ac
FAR: Up to 3.0
Max. Height: 45 feet
Neighborhood Commercial Density: 10 – 20 du/ac
FAR: Up to 1.0
Max. Height: 35 feet
Central Business District Density: 20 – 30 du/ac
FAR: Up to 2.0
Max. Height: 45 feet
North Forty Specific Plan As defined in Specific Plan
Office Professional Density: 10 – 20 du/ac
FAR: Up to 1.0
Max. Height: 35 feet
Service Commercial Density: none
FAR: Up to 1.0
Max. Height: 35 feet
Light Industrial Density: none
FAR: Up to 1.0
Max. Height: 35 feet
The General Plan modifications to 16492 Los Gatos Boulevard, APN 532-07-086, and the
Caltrans right-of-way will be considered in a separate General Plan Amendment application,
item 5 of tonight’s Planning Commission agenda.
PAGE 5 of 8
SUBJECT: General Plan Amendment and Housing Element Overlay Zone/Z-23-002 and GP-
23-002
DATE: August 18, 2023
DISCUSSION (continued):
C. Zoning
The following Implementation Program is included in the Housing Element adopted by
Town Council on January 30, 2023, and is presented below, as modified and presented in
the July 2023 Interim Working Draft Revised Housing Element. This program proposes to
amend the Zoning Code to comply with State Housing Element law:
• Implementation Program BF, Zoning Code Amendments
Amend the Zoning Code to comply with State law and ensure adequate sites are
available to accommodate the identified sites in the Sites Inventory. These Code
revisions include:
1. Amend the Zoning Code to include a HEOZ to apply to the sites included in the Site s
Inventory and to modify the development standards (i.e., density, lot coverage, FAR,
height) on those sites;
2. Amend the Affordable Housing Overlay Zone to increase the maximum allowable
density from 20 dwelling units per acre to 40 dwelling units per acre;
3. Clarify the text of the non-residential zones regarding housing;
4. Rezone the Caltrans Right-of-Way – Site E3 from R:1:8 to R-M:14-22;
5. Amend the Accessory Dwelling Unit Ordinance; and
6. Amend the Density Bonus Ordinance.
In response to item #1 of Implementation Program BF, staff has drafted amendments to the
Zoning Code to replace the AHOZ with the new HEOZ as Division 5, Article VIII Overlay Zones
and Historic Preservation (Exhibit 3).
Due to changes to State law, many components of the AHOZ are no longer compliant with
State law. Additionally, the AHOZ only applied to a single parcel in the Town, located at 110
Knowles Avenue. Therefore, staff expects to remove item #2 of Implementation Program
BF. The application of the HEOZ to the remaining AHOZ parcel will provide greater flexibility
in order to create more potential for the development of housing. All other components of
Implementation Program BF will be completed at a later date. Application of the HEOZ to
the sites in the Sites Inventory will be considered in a separate zoning amendment
application, item 5 on tonight’s Planning Commission agenda.
In response to public comments received since the July 20, 2023, GPC meeting regarding
adding sites to the current Sites Inventory, staff is recommending the following
PAGE 6 of 8
SUBJECT: General Plan Amendment and Housing Element Overlay Zone/Z-23-002 and GP-
23-002
DATE: August 18, 2023
DISCUSSION (continued):
modifications shown in underlined text to Table 1A (HEOZ Development Standards), shown
below to reflect the possibility of adding sites to the Sites Inventory in the future as sites on
the current inventory are developed (Exhibit 3).
Table 1A (HEOZ Development Standards)
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, R-D,
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
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
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
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
As defined in
Specific Plan
Office
Professional
O As authorized by
Section 29.60.100
N/A 1.0 35 feet 10-20
Service
Commercial
LM As authorized by
Section 29.70.125
N/A 1.0 35 feet none
Light Industrial CM As authorized by
Section 29.70.235
N/A 1.0 35 feet none
PUBLIC COMMENTS:
Public notification has included a legal ad in the paper. The meeting has been publicized on the
Town’s website and through the Town’s social media platforms. As of the drafting of this
report, no comments from the public have been received.
PAGE 7 of 8
SUBJECT: General Plan Amendment and Housing Element Overlay Zone/Z-23-002 and GP-
23-002
DATE: August 18, 2023
CONCLUSION:
A. Summary
A request for approval of the following General Plan Amendment and Zone Changes:
1. Approval of a request to amend the 2020 General Plan Land Use Element to include a
description of the Housing Element Overlay Zone; and
2. Approval of a request to amend the Town Code to modify the Affordable Housing
Overlay Zone of Division 5, Article VIII Overlay Zones and Historic Preservation to be the
Housing Element Overlay Zone.
B. Recommendation
Based on the analysis above, staff recommends that the Planning Commission consider the
General Plan amendment and Zoning amendments and forward a recommendation for
approval of the amendments to the Town Council. If the Planning Commission finds merit
with the proposed amendments, it should:
1. Make the finding that no further environmental analysis is required (Exhibit 1);
2. Make the required finding that the General Plan amendment s are internally consistent
with the existing goals and policies of the General Plan and its elements, in that the
amendments will provide for the development of housing for the sites in the Sites
Inventory to comply with the Town’s RHNA (Exhibit 1);
3. Make the required finding that the proposed amendments to the Zoning Code is
consistent with the General Plan and its elements in that the Zoning Code amendment is
consistent with the proposed General Plan Land Use elements (Exhibit 1); and
4. Forward a recommendation of approval of General Plan Amendment application
GP-23-002 and Zone Change application Z-23-002 to the Town Council.
C. Alternatives
Alternatively, the Planning Commission can:
1. Continue the matter to a date certain with specific direction;
2. Provide a recommendation for denial to the Town Council providing findings for denial.
PAGE 8 of 8
SUBJECT: General Plan Amendment and Housing Element Overlay Zone/Z-23-002 and GP-
23-002
DATE: August 18, 2023
EXHIBITS:
1. Draft Findings
2. Draft General Plan Amendment
3. Draft Zoning Code Ordinance Amendments, Division 5. Housing Element Overlay Zone
PLANNING COMMISSION – August 23, 2023
REQUIRED FINDINGS
General Plan Amendment Application GP-23-002
Zone Change Application Z-23-002
Forward a Recommendation to the Town Council for a Request Amend the General
Plan to Include a Description of the Housing Element Overlay Zone and Amend the
Town Code to Modify the Affordable Housing Overlay Zone Division 5 of Article VIII
Overlay Zones and Historic Preservation to be the Housing Element Overlay Zone as
Division 5 of Article VIII Overlay Zones and Historic Preservation. 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 Amendments. No Further
Environmental Analysis is Required. Zoning Code Amendment Application Z-23-002
and General Plan Amendment Application GP-23-002. Project Location: Town Wide.
Applicant: Town of Los Gatos.
FINDINGS:
Required finding for CEQA:
▪ An EIR was prepared and certified for the 2040 General Plan Update on June 30, 2022, which
included the proposed General Plan Amendments. No further environmental analysis is
required.
Required consistency with the Town’s General Plan:
▪ That the General Plan amendment is internally consistent with the existing goals and policies
of the General Plan and its corresponding elements, in that the amendments will provide for
the development of housing for the sites in the Site Inventory to comply with the Town’s
Regional Housing Needs Allocation.
▪ That the proposed amendments to the Zoning Code are consistent with the General Plan and
its Elements in that the Zoning Code amendment is consistent with the proposed General
Plan land use designations.
EXHIBIT 1
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LU-1
3 LAND USE ELEMENT
A. Introduction
Los Gatos is a mature, predominantly built-out community. While there is
little room for growth or change in the physical environment, land use is
dynamic and change is constant from within and outside the community.
Managing change in an effort to maintain our quality of life is a priority of
this General Plan and the Community.
The Land Use Element is the framework of the General Plan and is intended to
inform and shape the future physical development of Los Gatos. This Element
sets forth the patterns of development activity and land uses that will support
and enhance the character of the Town. Although all General Plan Elements are
of equal importance, t he Land Use Element is the most frequently used and
referenced section of the General Plan.
Planning for neighborhood preservation and protection is one of the most
important purposes of the Town’s General Plan. Preserving the small-town
heritage, natural setting, and architectural diversity are also important to this
community. One of Los Gatos’s most outstanding assets is the visual diversity
of its individual neighborhoods. Existing development represents a variety of
architectural styles from various eras, embodying a variety of sizes, design
features, and building materials, resulting in neighborhoods with their own
unique identity. For example, Downtown Los Gatos is the historic heart of
Town with a pedestrian-scale setting of mixed land uses and architecturally
historic buildings. It is a unique area that sets the spirit and style of the entire
Town.
Maintaining neighborhood quality suggests conservation of existing housing,
good street design, traffic control in residential neighborhoods, and development
review that adheres to quality design. Factors such as new or excessive traffic,
aging or inadequate infrastructure, and even economic pressures may cause
disruption of neighborhoods. Neighborhood preservation also includes
balancing the intensity of land uses with the existing residential density.
EXHIBIT 2
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LU-2
Los Gatos also focuses on maintaining a “full-service” town that provides a range
of goods and services that support the economic vitality of the Town. The
commercial centers of Los Gatos are therefore also important to the community.
Under the Los Gatos Boulevard Plan, the community expressed interest in
creating a shopping experience and destination that complements but does not
compete with the Downtown.
Residential and non-residential uses produce different impacts on the com -
munity. The impacts on traffic, noise, schools, open space, and other quality-
of-life issues will vary, depending on the final mixture of residential and non-
residential uses approved within the area. The overall planning for the area
needs to limit the adverse impacts on the quality of life of all of the residents
of Los Gatos and to provide for open space.
The Land Use Element describes land use designations, special planning areas,
and existing land uses in Los Gatos. The Land Use Element is divided into
the following sections:
Introduction: A description of the requirements and contents of the Land
Use Element.
Existing Land Uses: A description of existing land uses in Los Gatos.
General Plan Land Use Designations: A description of the
characteristics and intensity of the different land use designations in Los
Gatos, including a map identifying the location of these land use
designations.
Special Planning Areas: A description of special planning areas, including
Historic Districts and Specific Plan Overlays.
Goals, Policies, and Actions: A list of goal, policy, and action statements
that provide guidance to Los Gatos on land use decisions.
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LU-3
B. Authority for the Element
California Government Code Section 65302(a) and Public Resources Code
Section 2762(a) require that the Land Use Element provide the following in -
formation:
Distribution, location, and extent of land uses for categories of public or
private uses. Such categories include, but are not limited to housing,
business, industry, open space, natural resources, recreation and
enjoyment of scenic beauty, education, and public buildings and grounds.
Population density and building intensity standards for land use
designations.
The Land Use Element has the broadest scope of any of the State -required
components of the General Plan. In addition to the State’s requirements set
forth in the Government Code, it has also been legally established that, while the
location of a particular land use may be expressed in general terms, a property
owner must be able to identify the General Plan L and Use Designation for
his/her parcel from the land use diagram contained in the Land Use Element.
Among the important implementation mechanisms for the Land Use
Element are Specific Plans and the Town Code. The California Government
Code requires that the Town Code and zoning map be consistent with its
General Plan Land Use Element and land use map, and that all provisions of
Specific Plans adopted by the Town must be consistent with the General Plan
that they implement.
C. Relationship of Land Use Element to other Elements and Plans
Because the Land Use Element sets the framework of the General Plan, the
Land Use Element relates directly to all goals and policies of the other
Elements and unifies the General Plan by providing the overall policy
context for the other Elements. The relationship of the Land Use Element to
other elements and plans is described below.
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LU-4
The Land Use Element addresses circulation by setting out, in its map
and policies, the location and size of all roadways in the Town
coordinated with the land uses the roads will serve. It also notes the
planned capacities of all other infrastructure systems that will be necessary
to protect the health and welfare of the Town’s citizens.
The location, type, and density of residential units are key components
of the Land Use Element. The Housing Element uses the density ranges
specified in the Land Use Element to identify sites to meet the Town’s
housing needs.
The mandates of the Safety Element are reflected in the designation and
location of land use, the permitted activities within designated areas, and the
patterns of land use that support defensible space, the Town’s contingency
plan, and fire and other hazard mitigation.
The Land Use Element addresses buffers between noise sensitive uses and
noise sources.
The Town conserves resources through policies for the wise use of land,
water, and energy.
Air quality is improved by land use patterns that minimize vehicle travel
within the Town.
The Conservation Element goals address protecting and enhancing the
natural environment. Programs that retain natural features such as tree
preservation, limited grading, and water conservation maintain the natural
character of Los Gatos.
The Open Space Element refers to the location, character, and use of parks,
recreational facilities, and preserved, unimproved land.
Land use designations protect and preserve open spaces.
The Land Use Element reflects the Town’s high priority for quality de sign.
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LU-5
The Land Use and Community Design Elements preserve historical
buildings and historic areas, limiting the size of houses, while careful de - sign
of new infill developments protects the character of Los Gatos.
California State law requires that all Specific Plans and zoning regulations be
consistent with the General Plan. The Hillside Specific Plan, the North
Forty Specific Plan, the Redevelopment Plan, and other plans that may be
adopted as necessary will be consistent with this General Plan.
D. Existing Land Uses
This section contains qualitative and quantitative descriptions of existing land
uses in the Town of Los Gatos and Los Gatos’s Sphere of Influence (SOI).
“Existing land uses” refers to the existing built environment, regardless of the
General Plan land use designation or zoning designation applied by the
Town. This initial assessment is based on data from the Santa Clara County
Office of the Assessor. Existing land uses are illustrated in Figure LU-1 and
listed in Table LU-1.
1. Residential – Single Family
Approximately 3,183 acres of land in Los Gatos are dedicated to parcels that
contain a single, detached residence and related structures. Single-family
residential land use is located throughout the Town, with the exception of
the public and open spaces in the southern area of the Town and along
commercial corridors immediately adjacent to Los Gatos Boulevard and
Santa Cruz Avenue. In the SOI, approximately 2,728 acres of land are
dedicated to single-family residential land.
2. Residential – Multi-Family
This land use category refers to parcels that contain more than one housing
unit. It includes duplexes, triplexes, fourplexes, condominiums, and
apartment buildings. This residential land use totals approximately 407 acres
in the Town. There is no multi-family housing in the SOI. Multi-family uses
are largely clustered in and around the Highway 17 corridor, either between
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City of
Saratoga
City of
Campbell
·|}þ1 7
CURTNER AVENUE Town Boundary
Sphere of Influence
Water Body
Highway
Creek
City of
Monte Sereno
Vasona Lake
County Park
·|}þ8 5
LOS GATOS-ALMADEN ROAD
BLOSSOM HILL ROAD
City of
San Jose
Lexington
Reservoir
Unincorporated
Santa Clara County
0 0.5 1 Miles
Source: Santa Clara County Office of the Assessor, 2006; DC&E, 2008.
Existing Land Use
Single Family Residential
Multi-Family Residential
Commercial
Office/Professional
Light Industrial
Public Utilities
Public/Quasi-Public
Agricultural
Open Space/Recreation
Vacant
FIGURE LU-1
EX IST I NG LAN D USE UNION AVENUE HARWOOD ROAD
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LU-7
TABLE LU-1 EXISTING LAND USES
Land Use Category
Number of
Acres
Percent
of Town
Acreage
Percent
of SOI
Acreage
Residential – Single Family 5,911 51.2% 51.9%
Residential – Multi-Family 407 6.5% 0%
Commercial 164 2.6% 0%
Office Professional 126 2% 0%
Light Industrial 37 0.6% 0%
Public/Quasi-Public 440 4.7% 2.8%
Public Utilities 39 0.5% 0.1%
Agricultural 112 1% 1%
Open Space/Recreation 3,841 26.2% 42.2%
Vacant 399 4.7% 2%
Total 11,476 100% 100%
Source: County of Santa Clara, Office of the Assessor, 2006.
Los Gatos Boulevard and Highway 17 or in the area south of Vasona Lake
County Park. A significant pocket of multi-family housing is also located in the
northwest corner of the Town, just south of the City of Campbell.
3. Commercial
Commercial land refers to parcels that contain either retail businesses —those
offering specific products for sale —or businesses that provide day-to-day ser-
vices such as grocery stores, restaurants, spas and salons, dry cleaners, and
nurseries. There are approximately 164 acres of commercial uses in Los
Gatos and 1 acre in the SOI. Most commercial parcels in Los Gatos are located
along the Santa Cruz Avenue or Los Gatos Boulevard corridors.
LU-8
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4. Office Professional
Office Professional land use refers to parcels that contain offices for medical,
legal, insurance, consulting, and similar contracted services. Office and
professional uses account for 125 acres in Los Gatos. Like commercial parcels,
office professional parcels are concentrated along the Town’s primary
commercial corridors. An additional cluster of office and professional uses is
located near the Highway 17/85 interchange.
5. Light Industrial
The Light Industrial land use category refers to parcels used primarily for
production, manufacturing, and research and development. Additional uses
include self-storage and automobile service garages. There are approximately
37 acres of light industrial land uses in Los Gatos. Light industrial uses are
concentrated in two small pockets, one just south of Highway 85 and east of
Winchester Boulevard, and another along University Avenue, north of
Blossom Hill Road.
6. Public/Quasi-Public
Public/Quasi-Public land uses include schools, libraries, police and fire stations,
faith communities, and hospitals. These uses are distributed through - out Los
Gatos, mostly in single parcels or small groups of parcels. Public/Quasi-Public
land uses comprise approximately 291 acres of land in the Town and
approximately 149 acres in the SOI.
7. Public Utilities
Public Utilities refer to uses related to communications and energy production
and distribution. There are approximately 37 acres in the Town devoted to
utilities divided between parcels scattered throughout Los Gatos. Many of these
parcels are owned by San Jose Water Company and PG&E and are sites of
communications infrastructure.
8. Agricultural
Agricultural land is used for raising and harvesting crops, breeding livestock,
and/or housing equipment used for agricultural purposes. According to the
Santa Clara County Assessor’s Office, about 64 acres of land scattered
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LU-9
throughout Los Gatos, and approximately 48 acres in the SOI, are devoted to
existing agricultural uses. One of the largest areas of agricultural land is the
North Forty site, which contains orchard trees, including walnut and fruit
trees. Wine grapes can be found in the Santa Cruz Mountains hillside areas.
The California Land Conservation Act of 1965, better known as the William-
son Act, works to preserve agricultural and open space lands through
restrictive use contracts administered by counties and cities under State
regulations. Private landowners voluntarily restrict their land to agricultural
and compatible open space uses under minimum 10-year rolling term
contracts, with counties and cities also acting voluntarily. In return, the
property tax on a Williamson Act parcel is assessed at a rate consistent with its
actual use, rather than potential market value.
Figure LU-2 shows the location of all Williamson Act lands and their
designation as well as farmland not covered by the Williamson Act.
Approximately 136 acres of land within the Town limits and 358 acres of land
within the SOI are designated Williamson Act land.1 Of these, only 3.85 acres
are considered “prime agricultural lands” under the definition of the Land
Conservation Act. All of these lands occur in the Town’s SOI. In addition to
Williamson Act lands, approximately 32 acres of Unique Farmland are
located within Town limits and 8 acres within the SOI. “Unique Farmland”
is a designation ap- plied by the State Department of Conservation to land
that is capable of producing specific high value crops. In Los Gatos, it is
applied to the orchards on the North Forty site.
9. Open Space/Recreation
Open Space/Recreation refers to indoor and outdoor recreational facilities,
including public open spaces such as regional parks, community centers,
1 This number is higher than the number of acres in existing Agricultural use
because Williamson Act include parcels that are classified by the Assessor as Agriculture,
Open Space, and Single Family Residential. Single Family Residential may be considered
an acceptable classification by the Assessor since Williamson Act contracts may include
provisions for a limited number of dwelling units on the property.
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City of
Campbell
CURTNER AVENUE Town Boundary
Sphere of Influence
Water Body
Creek
City of
Saratoga ·|}þ1 7
City of
Monte Sereno
Vasona Lake
County Park
·|}þ8 5
LOS GATOS-ALMADEN ROAD
BLOSSOM HILL ROAD
City of
San Jose
Lexington
Reservoir
Unincorporated
Santa Clara County
0 0.5 1 Miles
Source: State of California Department of Conservation 2006.
Williamson Act Lands
Prime Agricultural Land
Non-Prime Agricultural Land
Non-Prime/Non-Renewal Agricultural Land
State Farmland Designation
Unique Farmland
FIGURE LU-2
WI L L I A MS O N ACT AND UNIQU E FARM LAND UNION AVENUE HARWOOD ROAD
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playgrounds and neighborhood parks, country clubs, and natural open spaces.
After Residential – Single Family land use, Open Space/Recreation comprises
the second highest percentage of total land in Los Gatos. There are
approximately 1,624 acres of open space in the Town and approximately 2,218
acres in the SOI. Much of this acreage is contained in four large facilities: St.
Joseph’s Hill and Sierra Azul Open Space to the south of Los Gatos, and
Vasona Lake County Park and La Rinconada Country Club to the north.
10. Vacant
Approximately 292 acres within the Town are vacant parcels of varying sizes
that are scattered throughout the Town. Most of the vacant acreage in Los
Gatos is located in the single-family residential area on the eastern side of the
Town. Parcels here are generally larger than they are elsewhere in Los Gatos,
and a number of significantly sized parcels are vacant. Generally, vacancies
are more common in residential areas of Los Gatos than in commercial areas,
although a few small, isolated commercial vacancies exist. Additionally, the
SOI contains approximately 107 acres of vacant property.
E. General Plan Land Use Designations
The Land Use Element is the basis for physical development in Los Gatos. The
land use map and designations identify the general location, density, and extent
of land available for residential and non-residential uses. Land use designations
do not necessarily reflect the existing land use of each parcel. Figure LU-3
presents a map of the land use designations in Los Gatos. Each land use
designation is listed and described below.
1. Residential Land Use Designations
This section provides a brief description of each residential land use designation
and the desirable range of density for each designation.
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City of
Saratoga
City of
Campbell
·|}þ1 7
CURTNER AVENUE Town Boundary
Sphere of Influence
Water Body
Highway
Creek
City of
Monte Sereno
Vasona Lake
County Park
·|}þ8 5
LOS GATOS-ALMADEN ROAD
BLOSSOM HILL ROAD
City of
San Jose
Lexington
Reservoir
Unincorporated
Santa Clara County
0 0.5 1 Miles
Source: Town of Los Gatos, 2008; Santa Clara County Office of the Assessor, 2008.
General Plan Land Use
Hillside Residential
Low Density Residential
Medium Density Residential
High Density Residential
Mixed-Use Commercial
Central Business District
Neighborhood Commercial
Service Commercial
Office Professional
Light Industrial
Public
Agriculture
Open Space
North Forty Specific Plan Overlay
FIGURE LU-3
2020 G ENERAL
PLAN LAND USEUNION AVENUE HARWOOD ROAD
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a. Hillside Residential: 0-1 dwelling units per net acre
Up to 3.5 persons per acre
The Hillside Residential designation provides for very low density, rural,
large lot or cluster, single-family residential development. This designation allows
for development that is compatible with the unique mountainous t errain and
vegetation of parts of Los Gatos.
b. Low Density Residential: 0-5 dwelling units per net acre
Up to 17.5 persons per acre
The Low Density Residential designation provides for single-family residential
properties located on generally level terrain. It encourages single-family
residential development in either the standard development established by
traditional zoning or by innovative forms o btained through planned
development.
c. Medium Density Residential: 5-12 dwelling units per net acre
Up to 24 persons per acre
The Medium Density Residential designation provides for multiple-family
residential, duplex, and/or small single-family homes.
d. High Density Residential: 12-20 dwellings per net acre
Up to 40 persons per acre
The High Density Residential designation provides for more intensive multi -
family residential development. Its objective is to provide quality housing in
close proximity to transit or a business area.
e. Mobile Home Park: 5-12 dwellings per net acre
Up to 24 persons per acre
The Mobile Home Park designation provides for mobile home parks. The
intent is to provide and preserve Mobile Home Parks as a source of affordable
housing. This designation is described in this Element; however, it is not
represented on the accompanying General Plan Land Use Map.
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2. Non-Residential Land Use Designations
For non-residential land uses, the specific uses mentioned are illustrative, and other
compatible uses, including those authorized in any other Zoning District within
the Town, may be permitted where authorized by a Conditional Use Permit or
Planned Development Overlay Zone. In a mixed-use project residential uses may
be permitted in conjunction with other permitted uses in non-residential Zoning
Districts with the exception of the Commercial Indus- trial and Controlled
Manufacturing Zoning Districts. For non-residential land uses, building intensity
limits are indicated by either allowable land coverage or floor area ratio(FAR)
and a maximum height limit.
Office Professional: Up to 50 percent land coverage with a 35-foot height limit
The Office Professional designation provides for professional and general
business offices. This designation applies to various locations throughout the
Town, often in close proximity to neighborhood- or community-oriented
commercial facilities, or as a buffer between commercial and residential uses.
The intent of this designation is to satisfy the community’s need for general
business and professional services and local employment.
Central Business District: 0.6 FAR with a 45-foot height limit
The Central Business District designation applies exclusively to the down- town
and accomplishes the following:
Encourages a mixture of community-oriented commercial goods, services
and lodging unique in its accommodation of small-town style merchants
and maintenance of small-town character.
Maintains and expands landscaped open spaces and mature tree growth without
increasing setbacks.
Integrates new construction with existing structures of historical or architectural
significance and emphasizes the importance of the pedestrian.
Mixed-Use Commercial: Up to 50 percent land coverage with a 35-foot
height limit
The Mixed-Use Commercial designation permits a mixture of retail, office, and
residential in a mixed-use project, along with lodging, service, auto-related
businesses, non-manufacturing industrial uses, recreational uses, and restaurants
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Projects developed under this designation shall maintain the small- town,
residential scale and natural environments of adjacent residential neighborhoods,
as well as provide prime orientation to arterial street frontages and proper
transitions and buffers to adjacent residential properties. This designation
should never be interpreted to allow development of independent commercial
facilities with principal frontage on the side streets.
d. Neighborhood Commercial: Up to 50 percent land coverage with a 35-
foot height limit
The Neighborhood Commercial designation provides for necessary day-to-
day commercial goods and services required by the residents of the adjacent
neighborhoods. This designation encourages concentrated and coordinated
commercial development at easily accessible locations.
e. Service Commercial: Up to 50 percent land coverage with a 35 -foot
height limit
The Service Commercial designation provides for service businesses necessary
for the conduct of households or businesses. These include auto repair, building
materials sales, paint suppliers, janitorial services, towing businesses, con -
tractors offices and yards, launderers and dry cleaners, as well as wholesaling and
warehousing activities.
f. Light Industrial: Up to 50 percent land coverage with a 35 -foot height
limit
The Light Industrial designation provides for large -scale office developments
and well-controlled research and development, industrial -park-type and ser- vice-
oriented uses subject to rigid development standards. These uses should respond
to community or region-wide needs.
g. Public
The Public designation identifies public facilities in the Town such as the
Civic Center, courthouse, schools, parks, libraries, hospitals, churches, and
fire stations.
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h. Agriculture
The Agricultural designation identifies areas for commercial agricultural crop
production.
i. Open Space
The Open Space designation identifies the location of public parks, open
space preserves, private preserves, and stream corridors.
F. Special Planning Areas
Development in Los Gatos can be targeted to achieve a more specific outcome
by designating specific overlay zones and special planning areas. These areas
have more detailed development guidelines that remain consistent with existing
policies. Los Gatos has three overlay zones that implement land use policies
through the Town Code, five Historic Districts, three Specific Plans, and one
Redevelopment Project Area.
1. Overlay Zones
There are three overlay zones in the Town Code, the Landmark and Historic
Preservation, Planned Development, and Public School Overlay Zones.
Landmark and Historic Preservation (LHP) Overlay Zone. This zone is
designated by Town Council and is applied to individual sites and structures
or small areas deemed of architectural and/or historical significance. The
structure(s) in LHP overlays are subject to special standards regarding their
appearance, use, and maintenance.
Planned Development (PD) Overlay Zone. The PD overlay zone is in-
tended to ensure orderly planning and quality design that will be in
harmony with the existing or potential development of the surrounding
neighborhood. The Planned Development Overlay is a specially tailored
development plan and ordinance which designates the zoning regulations
for the accompanying project, sets specific development standards, and
ensures that zoning and the General Plan are consistent. Commercial,
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residential or industrial property or a mixture of these uses may be
considered for a Planned Development Overlay.
Public School (PS) Overlay Zone. The PS overlay zone is intended to allow
school buildings to be used, without extensive exterior modi fications, in
ways which will make it unnecessary to sell school facilities. The overlay
permits a variety of community-related and education- related uses,
including, but not limited to, museums, community centers, playgrounds,
and nursery schools. Any land owned by a public school district
(regardless of underlying zone) may be zoned PS.
Housing Element Overlay Zone (HEOZ). The HEOZ is intended to
increase the supply and the mix of housing types, tenure, and affordability within
the Town of Los Gatos. Through appropriate densities, the housing element
overlay zone encourages the development of housing affordable to all income
levels as described in the 2023-2031 Housing Element Sites Inventory to comply
with the Town’s Regional Housing Needs Allocation (RHNA) for the sixth cycle
Planning period and listed in Table LU-2.
TABLE LU-2 HEOZ Development Standards
Designation Standards
Low Density Residential Density: 0 – 5 du/ac
Lot Coverage: Up to 50%
Max. Height: 30 feet
Medium Density Residential Density: 14 – 22 du/ac
Density in Very High Fire Hazard
Severity Zones: 5 – 12 du/ac
Lot Coverage: Up to 75%
Max. Height: 35 feet
High Density Residential Density: 30 – 40 du/ac
Lot Coverage: Up to 75%
Max. Height: 45 feet
Mixed-Use Density: 30 – 40 du/ac
FAR: Up to 3.0
Max. Height: 45 feet
Neighborhood Commercial Density: 10 – 20 du/ac
FAR: Up to 1.0
Max. Height: 35 feet
Central Business District Density: 20 – 30 du/ac
FAR: Up to 2.0
Max. Height: 45 feet
North Forty Specific Plan As defined in Specific Plan
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Office Professional Density: 10 – 20 du/ac
FAR: Up to 1.0
Max. Height: 35 feet
Service Commercial Density: none
FAR: Up to 1.0
Max. Height: 35 feet
Light Industrial Density: none
FAR: Up to 1.0
Max. Height: 35 feet
2. Historic Districts
The Town has established five historic districts to preserve neighborhoods
deemed significant to the history of Los Gatos.
Almond Grove Historic District. An approximately 40-acre area that
constitutes the largest subdivision following incorporation of the Town
of Los Gatos. This District was established by ordinance in 1980.
Broadway Historic District. An approximately 100-acre area that is the
site of the first residential subdivision and first residential street in the
Town of Los Gatos. This District was established by ordinance in 1985.
Los Gatos Historic Commercial District. Bounded by Elm Street to the
north, Main Street to the south, Los Gatos Creek to the east, and North
Santa Cruz Avenue to the west. The Town’s only concentration of in -
tact historic commercial buildings. It was established by ordinance in
1991.
Fairview Plaza Historic District. Limited to the cul-de-sac termination of
Fairview Plaza, part of an historic subdivision originally surveyed in 1885
known as the “Fairview Addition.” The District retains the same con-
figuration as originally mapped and contains a rare collection of Victorian
and Craftsman homes, unique in their compact scale and proximity to
one another. This District was established by ordinance in 1992.
University/Edelen Historic District. Bounded by Saratoga Avenue to
the north, Main Street to the south, Los Gatos Creek to the east, and the
former Southern Pacific Railroad right-of-way to the west. The District
is composed of five subdivisions that predate 1900 and contain a number of
residential and commercial structures of mixed architectural styles. This
District was established by ordinance in 1991. All of Los Gatos’s historic
districts are defined by structures that contribute to the District. In every
District, the transformation of these structures is tightly regulated.
Demolition of contributing structures is strictly prohibited. In addition,
all restoration, rehabilitation, and new construction of principal units
must adhere to a series of guidelines for preserving architectural heritage
and conforming to existing style. Any modifications to the original
design are either restricted or prohibited.
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3. Overlay Designation
The North Forty Specific Plan Overlay is applied to the approximately
40-acre property bounded by Los Gatos Boulevard to the east, Highway 17 to
the west, Lark Avenue to the south, and Highway 85 to the North. This
Overlay requires the preparation and adoption of a specific plan that will
determine the mix of uses, dimensional standards, architectural standards,
phasing, and infrastructure to support the development of the property prior
to approval of any entitlements. Drawing on the draft North Forty Specific
Plan prepared in 1999, the General Plan overlay designation is intended to
help guide the future development of this property. The 2020 General Plan
Environmental Impact Report assumed a maximum capacity of 750 mixed
residential units and 580,000 square feet of retail and offices uses for the pur-
poses of assessing environmental impacts associated with the development of
the property. While this is the maximum development capacity under this
General Plan, the specific plan may be approved with lower densities and
square footage of residential and commercial uses, respectively. The North
Forty Specific Pan will be based on the following general guidelines:
Include a mixture of uses that will complement the Downtown and the rest
of the community.
Be based on sustainable and “smart” development practices.
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Include public gathering spaces such as a plaza and park.
Provide for a variety of residential housing types, both rental - and owner-
occupied. A minimum of 20 percent of the units shall be affordable to
households at the moderate income level or below.
Include high-quality architecture and design that reflects the rural and
agricultural history of the site.
Provide pedestrian-oriented buildings along the Los Gatos Boulevard
frontage, with minimal parking oriented to the street.
Take advantage of the grade change across the site.
Continue the “boulevard treatment” along Los Gatos Boulevard, with
interconnections from one parcel’s drive aisle to the next.
Include connections to existing intersections along Los Gatos Boulevard
and Lark Avenue.
Develop gateway or landmark features at Los Gatos Boulevard and Lark
Avenue and at Los Gatos Boulevard and the Highway 85 off -ramp.
Provide an easily accessible, fully connected street network that encourages
walking.
Provide a vegetative buffer and screening along Highways 17 and 85.
Preserve Town character and views.
4. Other Plans
The Hillside Specific Plan and Los Gatos Boulevard Plan areas are each
developed according to separate land use goals and in different areas of the
Town. In addition to these approved Specific Plans, the Town will be developing
a North Forty Specific Plan.
a. Hillside Specific Plan
The Hillside Specific Plan establishes land use policy for the Hillside Study Area,
an area of mountainous terrain in the southeastern portion of the Town
designated for Hillside Residential development. Adopted by Town Council
in 1978, the Specific Plan establishes a series of policies and standards related
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to land use, facilities, services, circulation, fire protection, safety, and open space.
These policies and standards are intended to prevent deficiencies in access to
water and sewer services, ensure conservation of the sensitive natural
environment, and address differences in Town and Cou nty land use regulations.
Development in the Hillside Specific Plan area is prohibited outside of
designated “least restrictive development areas” (LRDAs) unless it is
compliant with conditions established in the Plan.
b. Los Gatos Boulevard Plan
Adopted by Town Council in 1997, the Los Gatos Boulevard Specific Plan is
a policy framework for meeting a series of short, medium, and long range
goals related to the commercial revitalization of Los Gatos Boulevard. This
Specific Plan is based on a land use concept for which higher density, mixed-
use commercial development in the north of the Specific Plan area transitions
into residential and community clusters, and then into existing residential
neighborhoods just south of the Specific Plan area. This Specific Plan
contains policies and design standards targeting safe, attractive public
improvements; pedestrian-oriented activity nodes; vital, commercial land use;
distinct gateways, and site-appropriate private improvements.
c. Central Los Gatos Redevelopment Project
The Central Los Gatos Redevelopment Project, which focuses on an area located
around Downtown Los Gatos, contains a mix of residential and non - residential
land use designations. The Town of Los Gatos Redevelopment Agency has the
authority to facilitate property acquisition and management, construction of
public improvements, structural rehabilitation, and site assembly within the
Project Area. The project was adopted in 1991, following the 1989 Loma Prieta
earthquake. The main objectives of the project are to eliminate blight, assemble
land parcels for improved development, strengthen the economic base of
downtown, and improve undeveloped and underutilized areas.
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G. Goals, Policies, and Actions
The following goals, policies, and actions guide future physical development
throughout Los Gatos.
Policy LU-1.1 Encourage developers to engage in discussions as early as
possible regarding the nature and scope of the project and
possible impacts and mitigation requirements.
Policy LU-1.2 Ensure that new development preserves and promotes
existing commercial centers consistent with the maintenance
of a small-scale, small-town atmosphere and image.
Policy LU-1.3 To preserve existing trees, natural vegetation, natural
topography, riparian corridors and wildlife habitats,
and promote high quality, well-designed, environmentally
sensitive, and diverse landscaping in new and existing
developments.
Policy LU-1.4 Infill projects shall be designed in context with the
neighborhood and surrounding zoning with respect to the
existing scale and characte r of surrounding structures, and
should blend rather than compete with the established
character of the area.
Policy LU-1.5 Encourage private/public funding, development, and
operation of cultural amenities, activities, and centers
consistent with the small-town character of Los Gatos.
Goal LU-1 To preserve, promote, and protect the existing
small-town character and quality of life within Los
Gatos.
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Policy LU-1.6 Recognizing that our ability to preserve our small -town
character is somewhat dependent on decisions in sur-
rounding communities, continue and expand Town
participation in planning processes in neighboring
jurisdictions and regional bodies in order to develop
innovative, effective, and coordinated land use,
transportation, and hillside development plans and
standards that will help preserve our small-town character.
Policy LU-1.7 Use task forces, ad hoc committees and other means as
appropriate to involve residential and commercial interests in
Town matters.
Policy LU-1.8 Commercial development of any type (office, retail, re-
search and development, etc.) shall be designed in keeping
with the small-town character of Los Gatos.
Policies
Policy LU-2.1 Minimize vehicle miles traveled for goods and services by
allowing and encouraging stores that provide these goods
within walking distance of neighborhoods in Los Gatos.
Policy LU-2.2 Promote telecommuting and home -based businesses by
allowing live-work and work-live uses in existing and future
residential development.
Goal LU-2 To maintain a balanced, economically stable com-
munity within environmental goals.
Goal LU-3 To coordinate with surrounding jurisdictions and
other local and regional agencies that may affect Los
Gatos’s future development patterns and character.
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Policies
Policy LU-3.1 Cooperate with the County of Santa Clara to encourage
the annexation of unincorporated islands into the Town.
The Town will not require the installation of curbs,
gutters, sidewalks, or street lights as a condition of
annexation nor will these improvements be imposed on
annexed areas unless the residents of the area request such
improvements and are willing to participate in the cost of
such improvements. This does not prevent the Town
from requiring such improvements as a condition of
approval of any zoning or subdivision approval if such
conditions are normally made on those items and the
improvements would be in keeping with the
neighborhood.
Policy LU-3.2 Work with Santa Clara County to ensure that projects
developed in the County meet Town policies and standards,
do not induce further development, and do not un - duly
burden the Town.
Policies
Policy LU-4.1 Integrate planning for the North Forty area, Los Gatos
Boulevard, Vasona Light Rail area, and Downtown so that
development in each area takes into consideration the Town
as a whole.
Policy LU-4.2 Allow development only with adequate physical infra-
structure (e.g. transportation, sewers, utilities, etc.) and
social services (e.g. education, public safety, etc.).
Goal LU-4 To provide for well-planned, careful growth that
reflects the Town’s existing character and
infrastructure.
ture.
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Policy LU-4.3 Only approve projects for which public costs can be
justified by the overall benefit to the community.
Policy LU-4.4 Project applicants shall evaluate and provide appropriate
mitigation measures to reduce impacts on urban services
including schools, utilities, police, and fire.
Policy LU-4.5 Discourage corridor lots. Corridor lots shall only be al-
lowed if the use of a corridor lot decreases the amount of
public street required for the subdivision, contributes to
the surrounding neighborhood, and is in context with the
existing scale and established character of the neighbor -
hood. The subdivider shall also demonstrate that the use of
a corridor lot benefits surrounding properties.
Policy
Policy LU-5.1 Use task forces, ad hoc committees, and other means as
appropriate to involve residential and commercial interests in
Town matters.
Action
Action LU-5.1 Utilize traditional communication tools and new media
and technology to provide clear and current information
on Town processes and decisions and to encourage public
participation in Town government.
Goal LU-5 To encourage public involvement in Town planning
processes.
Goal LU-6 To preserve and enhance the existing character and
sense of place in residential neighborhoods.
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Policies
Policy LU-6.1 Protect existing residential areas from the impacts of non -
residential development.
Policy LU-6.2 Allow non-residential activity in residential areas only
when the character and quality of the neighborhood can
be maintained.
Policy LU-6.3 Protect existing residential areas from adjacent non -
residential uses by assuring that buffers are developed and
maintained.
Policy LU-6.4 Prohibit uses that may lead to the deterioration of residential
neighborhoods, or adversely impact the public safety or
the residential character of a residential neighborhood.
Policy LU-6.5 The type, density, and intensity of new land use shall be
consistent with that of the immediate neighborhood.
Policy LU-6.6 In order to reduce landfill, conserve resources, and pre-
serve neighborhood character, demolitions shall be
discouraged in established residential neighborhoods and
applicants shall submit structural reports to determine
whether the demolition of any principal structure is justified.
If allowed, the replacement house should be similar in size
and scale to other homes in the neighborhood and maintain
the neighborhood character.
Policy LU-6.7 Continue to encourage a variety of housing types and sizes
that is balanced throughout the Town and within
neighborhoods, and that is also compatible with the char -
acter of the surrounding neighborhood.
Policy LU-6.8 New construction, remodels, and additions shall be
compatible and blend with the existing neighborhood.
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Policy LU-6.9 The Housing Element assumes that sites designated
medium and high density residential will be developed at the
upper end of the density range. If the Town approves a
development at a lower density on one of these sites, staff
shall identify one or more other sites to maintain the Town’s
capacity to meet its housing needs as identified in the
Housing Element, subject to neighborhood compatibility
and mitigation of traffic impacts.
Policy LU-6.10 Require applicants to submit letters of justification to
show how new residential development contributes to the
balance of types and sizes of housing available in Los Gatos.
Actions
Action LU-6.1 Develop standards for traffic, noise, intensity, and overall
size for non-residential uses in residential zones.
Action LU-6.2 The conditional use permit approvals for non-residential
uses in residential zones shall be reviewed by the Planning
Commission on an as-needed basis for any adverse im- pacts,
nuisances, or any required modifications.
Policies
Policy LU-7.1 Allow redevelopment of unused school sites
commensurate with the surrounding residential
neighborhood and availability of services.
Goal LU-7 To use available land efficiently by encouraging ap-
propriate infill development.
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Policy LU-7.2 To ensure compatibility with surrounding neighborhoods,
infill projects shall demonstrate that the development meets
the criteria contained in the Development Policy for In -Fill
Projects and the deciding body shall make findings consistent
with this policy.
Policy LU-7.3 Infill projects shall contribute to the further development
of the surrounding neighborhood (e.g. improve circulation,
contribute to or provide neighborhood unity, eliminate a
blighted area) and shall not detract from the existing quality
of life.
Policy LU-7.4 Infill projects shall be designed in context with the
neighborhood and surrounding zoning with respect to the
existing scale and character of surrounding structures, and
should blend rather than compete with the established
character of the area.
Policies
Policy LU-8.1 Maintain a Code Compliance function to effectively
enforce the land use regulations in the Town Code.
Policy LU-8.2 Town staff shall identify major violations (illegal units,
sign violations, illegal uses, tree removals, grading
violations, etc.) without waiting for public complaint.
Town staff shall act on minor violations (illegally parked
cars, boats, trailers and campers, etc.) based on public
com- plaints. Additional violations that may be observed
during investigation of a complaint shall also be acted on.
Goal LU-8 To uphold and enforce adopted land use regula-
tions.
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Policies
Policy LU-9.1 Ensure that new development preserves and promotes
existing commercial centers consistent with the maintenance
of a small-scale, small-town atmosphere and image.
Policy LU-9.2 Maintain a variety of commercial uses, including a strong
Downtown commercial area combined with Los Gatos
Boulevard and strong neighborhood commercial centers to
meet the shopping needs of residents and to preserve the
small-town atmosphere.
Policy LU-9.3 Encourage a mix of retail and office uses in commercial
areas, except in the Central Business District designation,
where retail should be emphasized and office should be
limited to upper floors and other areas as defined by the
Town Code.
Policy LU-9.4 Encourage existing light industry and service commercial
uses to remain or be replaced with similar uses.
Policy LU-9.5 Encourage the development and retention of locally
owned stores and shops.
Policy LU-9.6 Encourage development that maintains and expands resident-
oriented services and/or creates employment opportunities for local
residents consistent with overall land use policies of the Town.
Policy LU-9.7 “Broadening the tax base” shall never be the sole reason
for allowing new commercial development or approving a
change in a commercial land use.
Goal LU-9 To provide residents with adequate commercial and
industrial services.
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Policy LU-9.8 Retail sales tax “leakage” should be kept to a minimum by
providing in-town convenience and comparative shopping
opportunities.
Policy LU-9.9 Buffers shall be required as conditions of approval for non -
residential projects that are adjacent to residential areas
and may consist of landscaping, sound barriers, building
setbacks, or open space.
Policy LU-9.10 Prohibit new commercial or industrial zoning adjacent to
school sites and carefully consider the impacts of new
school sites in industrial and commercial land use
designations.
Action
Action LU-9.1 The Town should identify those businesses that are needed
in the Town and actively recruit those businesses.
Policies
Policy LU-10.1 Encourage the development and retention of small
businesses and independent stores and shops Downtown
that are consistent with small -town character and scale.
Policy LU-10.2 Recognize and encourage the different functions, land use
patterns, and use mixes of the various commercial areas
within the Downtown. These include:
a. The pedestrian scale and orientation of the Central
Business District.
Goal LU-10 To preserve Downtown Los Gatos as the historic
center of the Town, with goods and services for local
residents,while maintaining the existing Town
identity, environment, and commercial viability.
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b. The neighborhood -serving commercial land use pat-
tern of areas north of Saratoga Avenue to Blossom Hill
Road.
c. The mixed use commercial activities along Santa Cruz
Avenue and the service commercial activities along
University Avenue between Andrews Street and
Blossom Hill Road.
Policy LU-10.3 Establish and maintain strong boundaries between the
Central Business District designation and adjacent residential
neighborhoods.
Policy LU-10.4 Encourage mixed uses to increase residential opportunities
in commercial zones Downtown, taking into
consideration potential impacts to loss of commercial
opportunities.
Policies
Policy LU-11.1 Zoning shall be changed as part of development applications
to provide consistency with the Vasona Light Rail Element
and other elements of this General Plan and with any future
specific plan prepared for this area.
Policy LU-11.2 The Town shall encourage uses that serve Town residents.
These include, but are not limited to, open space, play -
fields, office, retail, and other commercial uses.
Residential uses may be permitted as part of mixed -use
development and only with acceptable mitigation of
adverse noise, air quality, and other environmental
hazards.
Goal LU-11 To plan for development of a variety of uses in the
North Forty area in a coordinated and comprehen-
sive way.
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Policy LU-11.3 Provide coordinated infrastructure in the North Forty
area.
Policy LU-11.4 Include a variety of regional destination and local -serving
commercial uses in the North Forty area, following a logical
land use pattern that takes advantage of the site opportunities
while protecting adjacent uses.
Policy LU-11.5 Avoid negative effects on the long -term development
potential of the area surrounding the North Forty area.
Policy LU-11.6 Incorporate multi-modal links from the North Forty area
to the Vasona Light Rail station into the North Forty Spe-
cific Plan.
Action
Action LU-11.1 Prepare and adopt a specific plan for the North Forty area
prior to development of the site.
Policies
Policy LU-12.1 Encourage redevelopment and assemblage of parcels that
have experienced a high vacancy rate over a prolonged period
of time, possibly including appropriate and compatible re -
zoning.
Policy LU-12.2 Encourage a mix of uses along Los Gatos Boulevard, in-
cluding, where appropriate, mixed-use parcels that are
compatible with surrounding uses.
Goal LU-12 To ensure an appropriate mix of land use types along
Los Gatos Boulevard in order to maintain the
economic vitality of the corridor and continue to
serve the needs of Town residents.
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Policy LU-12.3 New landscaping, streetscape improvements and new de-
velopment along Los Gatos Boulevard shall incorporate
pedestrian amenities, scale, and design.
Policy LU-12.4 Encourage mixed uses to increase residential opportunities
in commercial zones.
Policy LU-12.5 Retain and enhance auto dealerships.
Policy LU-12.6 Neighborhood commercial, multi-family residential, and
office uses shall be concentrated south of Los Gatos –
Almaden Road.
Policy LU-12.7 New and relocating auto-related businesses shall be located
north of Los Gatos–Almaden Road, adjacent to existing auto
dealerships, or on a vacant site previously used for permitted
auto sales.
Policy LU-12.8 Uses on Los Gatos Boulevard south of Roberts Road shall
be residential or office; existing non-residential uses shall
not be intensified; and existing vacant property and
residential uses shall be developed as Single Family
Residential.
Policy LU-12.9 Encourage replacement of vacated business south of Los
Gatos–Almaden Road and north of Roberts Road/Shannon
Road with neighborho od commercial, multi-family, or office
uses.
Goal LU-13 To promote appropriate and compatible develop-
ment along Los Gatos Boulevard that complements
the whole Town and serves residents and families.
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Policies
Policy LU-13.1 Development shall transition from higher intensity uses at
the north end of Los Gatos Boulevard to existing residential
uses at the south end of Los Gatos Boulevard.
Policy LU-13.2 Commercial activity along Los Gatos Boulevard shall
complement the whole Town and shall provide a depend-
able source of income, employment opportunities, goods,
and services.
Policy LU-13.3 New projects along Los Gatos Boulevard shall incorporate
a family and resident orientation.
Policy LU-13.4 New development along Los Gatos Boulevard shall be
designed to minimize adverse impacts on adjacent residential
areas.
Policy LU-13.5 Establish and maintain appropriate boundaries between
the commercial uses along Los Gatos Boulevard and ad ja-
cent residential neighborhoods.
Policy LU-13.6 Provide more pedestrian/bike areas and links to adjacent
residential areas to foster neighborhood use of commercial
centers.
Policy LU-13.7 Allow auto dealers and other commercial property owners
and merchants to conduct occasional promotional sales
activities with a “festival” atmosphere with appropriate re-
strictions to reduce traffic congestion and impacts on
neighboring commercial and residential uses.
Actions
Action LU-13.1 Work with existing auto dealers and other commercial
property owners and merchants to develop an appropriate
commercial image specifically for Los Gatos Boulevard.
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Action LU-13.2 Use the adopted Los Gatos Boulevard Plan and Commercial
Design Guidelines to review development proposals and
exterior improvements to existing buildings.
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Chapter 29 - ZONING REGULATIONS
ARTICLE VIII. - OVERLAY ZONES AND HISTORIC PRESERVATION
DIVISION 5. HOUSING ELEMENT OVERLAY ZONE
Page 1 of 2
DIVISION 5. HOUSING ELEMENT OVERLAY ZONE
Sec. 29.80.555. 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 a key housing opportunity for mixed income affordable housing
projects. The designation of these sites will assist the Town in meeting its Regional Housing Needs Allocation
(RHNA), as required by the State.
Sec. 29.80.5560. HEOZ and underlying zoning.
A property that has the HEOZ designation may be developed based on the standards provided in this division
or, where standards are not specified, then based on the standards provided in the underlying zone.
Pursuant to Government Code Section 65583.2(i), by right development will be allowed when 20 percent or
more of the units are affordable to lower income households.
Sec. 29.80.590. HEOZ general development standards.
Proposed development within the HEOZ shall be designed and constructed in conformity with the
development standards for the corresponding zoning and General Plan Land Use designation in Table 1A (Overlay
Zones Development Standards).
Table 1A (HEOZ Development Standards)
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, R-D,
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
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
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
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
As defined in
Specific Plan
EXHIBIT 3
Page 2 of 2
Office
Professional
O As authorized by
Section 29.60.100
N/A 1.0 35 feet 10-20
Service
Commercial
LM As authorized by
Section 29.70.125
N/A 1.0 35 feet none
Light Industrial CM As authorized by
Section 29.70.235
N/A 1.0 35 feet none