06 Staff Report.Apply HEOZ and Amend Land Use Designation
PREPARED BY: Jocelyn Shoopman and Erin Walters
Associate Planner and Associate Planner
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Community Development
Department Director, and Economic Vitality Manager
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 10/03/2023 ITEM NO: 6
DATE: September 28, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Consider a Resolution to Amend the General Plan Land Use Designation of
16492 Los Gatos Boulevard and Assessor Parcel Number (APN) 532-07-086
from Low Density Residential to Neighborhood Commercial; Amend the
General Plan Land Use Designation of Caltrans Right-of-Way Adjacent to
14685 Oka Road from Low Density Residential to Medium Density
Residential; and Introduce an Ordinance Titled “An Ordinance of the Town of
Los Gatos Amending the Zoning Code from R-1:8 (Single-Family Residential)
To R-M (Multiple-Family Residential) for a Caltrans Right-of-Way Property
Located Adjacent to 14685 Oka Road; and Apply the Housing Element Overlay
Zone (HEOZ) to Provide for Increases to the Allowable Density, Height, Floor
Area Ratio, and Lot Coverage for Residential Development on the Following
Sites Included in the Sites Inventory Analysis of the 2023-2031 Housing
Element:
APN’s 424-06-116, 424-07-116, 424-08-029, 424-08-058, 424-08-059, 424-08-
060, 424-08-074, and 532-07-085; 620 and 14000 Blossom Hill Road; 16210,
16240, 16245, 16250, 16260, 16270, and 16392 Burton Road; Cal Trans Right-
of-Way Adjacent to 14685 Oka Road; 110 and 206 Knowles Drive; 445 Leigh
Avenue; 440 Los Gatos Almaden Road; 16603 Lark Avenue; 14823, 14831,
14849, 14859, 14917, 14925, 15795, 16151, 16203, and 16492 Los Gatos
Boulevard; 165 Los Gatos Saratoga Road; and 14800 and 14840 Oka Road. “
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 and Zoning Code Amendments. No further Environmental
Analysis is Required. Zoning Code Amendment Application Z-23-003 and
General Plan Amendment Application GP-23-003. Applicant: Town of Los
Gatos.
PAGE 2 OF 4 SUBJECT: General Plan Designation Amendment and Apply HEOZ/GP-23-003/Z-23-003 DATE: September 28, 2023
RECOMMENDATION:
Adopt a resolution (Attachment 1) to amend the General Plan land use designation of 16492
Los Gatos Boulevard and assessor parcel number (APN) 532-07-086 from Low Density
Residential to Neighborhood Commercial; and amend the General Plan land use designation of
Caltrans right-of-way adjacent to 14685 Oka Road from Low Density Residential to Medium
Density Residential; and introduce an ordinance (Attachment 2) titled “An Ordinance of the
Town Council of the Town of Los Gatos Amending the Zoning Code from R-1:8 (Single-Family
Residential) To R-M (Multiple-Family Residential) for a Caltrans Right-of-Way Property Located
Adjacent to 14685 Oka Road; and apply the Housing Element Overlay Zone (HEOZ) to provide
for increases to the allowable density, height, floor area ratio, and lot coverage for residential
development on the sites included in the Sites Inventory Analysis of the 2023-2031 Housing
Element” as listed in the subject line above.
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 and 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 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 detail below.
On March 31, 2023, the Revised Draft Housing Element was submitted to HCD and included
four additional parcels to the sites inventory based on the receipt of property owner interest
forms. and On May 30, 2023, the Town received HCD’s findings/comment letter on the Revised
Draft Housing Element submitted in March.
The Town continues to work with HCD to get the 2023-2031 Housing Element certified. The
most recent information on the status of the ongoing Housing Element update process can be
viewed online at: https://www.losgatosca.gov/1735/Housing-Element.
PAGE 3 OF 4 SUBJECT: General Plan Designation Amendment and Apply HEOZ/GP-23-003/Z-23-003 DATE: September 28, 2023
BACKGROUND (continued):
On August 23, 2023, the Planning Commission opened the public hearing on this item, heard
public comments, and continued the item to September 13, 2023 (Attachments 3 to 6). On
September 13, 2023, the Planning Commission heard additional public comments, and made a
recommendation to Town Council for approval (Attachments 7 and 8).
DISCUSSION:
As described in the August 23, 2023 Planning Commission staff report (Attachment 3), the
proposed General Plan land use designation changes included in the Draft Resolution
(Attachment 1) and the zoning designation changes included in the Draft Ordinance
(Attachment 2) are implementing two of the programs in the Housing Element by updating the
development regulations on the properties listed above to make them consistent with the
development assumptions shown in the Sites Inventory.
On July 20, 2023, at a special meeting, the General Plan Committee (GPC) reviewed the
proposed modifications described above and recommended approval of the General Plan
amendments to the Planning Commission and Town Council.
On September 13, 2023, the Planning Commission reviewed the proposed modifications
described above and recommended approval to Town Council.
This agenda item includes all of the sites reviewed by the Planning Commission with the
exception of certain sites because of anticipated Council Member recusals and the removal of
site A-1 as described below. The application of the HEOZ to the sites that require recusals will
be considered as separate agenda items:
• 401 - 409 Alberto Way; and 50 Los Gatos Saratoga Road: Will be considered as Item 7
• 15300, 15349, 15367, 15405, 15425, 15480, and 15500 Los Gatos Boulevard: Will be
considered as Item 8.
• 101 South Santa Cruz Avenue: Will be considered as Item 9.
• 50 Park Avenue and 61 Montebello Way: The Regional Housing Needs Allocation (RHNA)
capacity only accepts net new units. Site A-1 has a minimum capacity of five units,
whereas there are 11 housing units on-site. Due to the housing capacity resulting in less
than the exiting number of units on-site, and in response to the HCD Findings/Comment
Letter received by the Town on May 30, 2023, the site has been removed from the Sites
Inventory.
PAGE 4 OF 4 SUBJECT: General Plan Designation Amendment and Apply HEOZ/GP-23-003/Z-23-003 DATE: September 28, 2023
PUBLIC COMMENTS:
Public notification has included a legal ad in the paper, noticing property owners, tenants, and
properties located within 300 feet of all the sites listed within the Town. The meeting has also
been publicized on the Town’s website and through the Town’s social media platforms. No
comments have been received as of the preparation of this staff report.
ENVIRONMENTAL ASSESSMENT:
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 and Zoning Code
amendments. No further Environmental Analysis is required.
CONCLUSION:
Staff recommends that the Town Council:
1. Make the finding that no further environmental analysis is required (Attachments 1 and
Attachment 2);
2. Make the required finding that the General Plan amendments 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 (Attachment 1);
3. Make the required finding that the proposed zone changes are consistent with the General
Plan and its elements in that the proposed zone changes are consistent with the proposed
General Plan land use designations (Attachment 2); and
4. Adopt a resolution to approve General Plan Amendment application GP-23-003
(Attachment 1); and
5. Introduce an ordinance of the Town Council of the Town of Los Gatos for Zone Change
application Z-23-003 (Attachment 2).
ALTERNATIVES:
Alternatively, the Town Council may:
1. Continue this item to a date certain with specific direction to staff; or
2. Refer this item back to the Planning Commission with specific direction.
Attachments:
1. Draft Resolution with Exhibit A
2. Draft Ordinance with Exhibit A
3. August 23, 2023 Planning Commission Staff Report (with Exhibits 1-9)
4. August 23, 2023 Planning Commission Addendum (with Exhibit 10)
PAGE 5 OF 4 SUBJECT: General Plan Designation Amendment and Apply HEOZ/GP-23-003/Z-23-003 DATE: September 28, 2023
5. August 23, 2023 Planning Commission Desk Item (with Exhibit 11)
6. August 23, 2023 Planning Commission Verbatim Minutes
7. September 13, 2023 Planning Commission Staff Report (with Exhibit 12)
8. September 13, 2023 Planning Commission Verbatim Minutes
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