07 Attachment 1 - Draft Ordinance for the Zone Change 1 of 3
Ordinance October 3, 2023
DRAFT ORDINANCE AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
TO 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:
401 THROUGH 409 ALBERTO WAY, 50 LOS GATOS-SARATOGA ROAD,
529-24-001, AND 529-24-003.
WHEREAS, the Town of Los Gatos’ Housing Element contains a sites inventory that
identifies sites with the potential for redevelopment with housing;
WHEREAS, the Town wishes to apply a Housing Element Overlay Zone to the sites
identified in the sites inventory in order to encourage redevelopment with housing;
WHEREAS, the Planning Commission met on August 23, 2023, to receive public
comments;
WHEREAS, the Planning Commission received further public comments and
recommended approval of the application of the Housing Element Overlay Zone to the sites
identified in sites inventory of the Housing Element adopted on January 30th and the Revised
Draft Housing Element at its regular meeting of September 13, 2023;
WHEREAS, this matter was regularly noticed in conformance with State and Town law
and came before the Town Council for public hearing on October 3, 2023; and
WHEREAS, the Town Council accepted the report of the Planning Commission’s
recommendation of approval for the proposed Zone Code amendments; and
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS
AS FOLLOWS:
SECTION I
The Town Council finds as follows:
A. No further Environmental Analysis is required as an Environmental Impact Report (EIR) was
prepared and certified for the 2040 General Plan Update on June 30, 2022, which included
the proposed Zone Code amendments; and
B. The zone changes are consistent with the General Plan and its elements in that the
Draft Ordinance: subject to
modification by Town Council based on
deliberations and direction
ATTACHMENT 1
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Ordinance October 3, 2023
proposed zonings are consistent with the proposed General Plan land use designations;
and
C. That all proceedings have been conducted in compliance with the provisions of
Government Code Section 65850 et seq.; and
D. The Town Council considered all facts and information related to the proposal to apply the
Housing Element Overlay Zone to the sites shown in Exhibit A.
SECTION II
The Housing Element Overlay Zone is hereby applied to the properties at 401 through
409 Alberto Way, 50 Los Gatos-Saratoga Road, APN Nos. 529-24-001, and 529-24-003 as shown
in Exhibit A to this Ordinance.
SECTION III
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on the 3rd day of October 2023, and adopted by the following vote as an ordinance of
the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on
the __day of ____ 2023. This ordinance shall take effect 30 days after the date it is adopted.
The Town Clerk shall cause this ordinance or a summary thereof to be published in accordance
with Section 36933 of the California Government Code.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
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Ordinance October 3, 2023
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
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