00 AgendaPage 1
How to participate: The Town of Los Gatos strongly encourages your active participation in the
public process, which is the cornerstone of democracy. If you wish to speak to an item on the
agenda, please follow the participation instructions on page 2 of this agenda. If you wish to speak
to an item NOT on the agenda, you may do so during the “Verbal Communications” period, by
following the participation instructions on page 2 of this agenda. The time allocated to speakers
may change to better facilitate the Town Council meeting.
Effective Proceedings: The purpose of the Town Council meeting is to conduct the business of
the community in an effective and efficient manner. For the benefit of the community, the Town
of Los Gatos asks that you follow the Town’s meeting guidelines while attending Town Council
meetings and treat everyone with respect and dignity. This is done by following meeting
guidelines set forth in State law and in the Town Code. Disruptive conduct is not tolerated,
including but not limited to: addressing the Town Council without first being recognized;
interrupting speakers, Town Council or Town staff; continuing to speak after the allotted time
has expired; failing to relinquish the podium when directed to do so; and repetitiously addressing
the same subject.
Deadlines for Public Comment and Presentations are as follows:
• Persons wishing to make an audio/visual presentation on any agenda item must submit the
presentation electronically, either in person or via email, to the Clerk’s Office no later than
3:00 p.m. on the day of the Council meeting.
• Persons wishing to submit written comments to be included in the materials provided to
Town Council must provide the comments as follows:
o For inclusion in the regular packet: by 11:00 a.m. the Thursday before the Council
meeting
o For inclusion in any Addendum: by 11:00 a.m. the Monday before the Council meeting
o For inclusion in any Desk Item: by 11:00 a.m. on the day of the Council Meeting
TOWN OF LOS GATOS COUNCIL MEETING AGENDA
OCTOBER 03, 2023
110 EAST MAIN STREET AND TELECONFERENCE
TOWN COUNCIL CHAMBERS
LOS GATOS, CA
7:00 PM
Maria Ristow, Mayor Mary Badame, Vice Mayor Matthew Hudes, Council Member Rob Moore, Council Member
Rob Rennie, Council Member
PARTICIPATION IN THE PUBLIC PROCESS
Town Council Meetings Broadcast Live on KCAT, Channel 15 (on Comcast) on the 1st and 3rd Tuesdays at 7:00 p.m.
Rebroadcast of Town Council Meetings on the 2nd and 4th Tuesdays at 7:00 p.m.
Live & Archived Council Meetings can be viewed by going to:
www.LosGatosCA.gov/TownYouTube
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING,
PLEASE CONTACT THE CLERK DEPARTMENT AT (408) 354-6834. NOTIFICATION 48 HOURS BEFORE THE MEETING WILL ENABLE THE TOWN
TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING [28 CFR §35.102-35.104]
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TOWN OF LOS GATOS COUNCIL MEETING AGENDA OCTOBER 03, 2023
110 EAST MAIN STREET AND TELECONFERENCE
TOWN COUNCIL CHAMBERS
7:00 PM
IMPORTANT NOTICE
This is a hybrid meeting and will be held in-person at the Town Council Chambers at 110 E.
Main Street and virtually through the Zoom webinar application (log-in information provided
below). Members of the public may provide public comments for agenda items in-person or
virtually through the Zoom webinar by following the instructions listed below. The live stream
of the meeting may be viewed on television and/or online
at www.LosGatosCA.gov/TownYouTube.
PARTICIPATION
To provide oral comments in real-time during the meeting:
• Zoom webinar: Join from a PC, Mac, iPad, iPhone or Android device: Please click this URL to
join: https://losgatosca-
gov.zoom.us/j/87922005778?pwd=RnNadElXWEVQd290dDJJVzEwaEw3Zz09
Passcode: 771495. You can also type in 879 2200 5778 in the “Join a Meeting” page on the
Zoom website at https://zoom.us/join.
When the Mayor announces the item for which you wish to speak, click the “raise hand”
feature in Zoom. If you are participating by phone on the Zoom app, press *9 on your
telephone keypad to raise your hand.
• Join by telephone: Join by Telephone: Dial: USA 877 336 1839 US Toll-free or 636 651 0008
US Toll. Conference code: 686100
If you are participating by calling in, press #2 on your telephone keypad to raise your hand.
• In-Person: If you wish to speak during the meeting, please complete a “speaker’s card”
located on the back of the chamber benches and return it to the Town Clerk. If you wish to
speak to an item on the agenda, please list the item number. If you wish to speak on an
item NOT on the agenda, please list the subject and you may speak during the “Verbal
Communications” period. The time allocated to speakers may change to better facilitate the
Town Council meeting.
When called to speak, you may be asked to provide your full name and your town/city of
residence. This identifying information is optional and not a requirement for participation. Please
limit your comments to three (3) minutes, or such other time as the Mayor may decide,
consistent with the time limit for speakers at a Council meeting. If you wish to speak to an item
or items on the Consent Calendar, please state which item number(s) you are commenting on at
the beginning of your time.
If you are unable to participate in real-time, you may email to Clerk@losgatosca.gov the subject
line “Public Comment Item #__ ” (insert the item number relevant to your comment) or “Verbal
Communications – Non-Agenda Item.” Comments received by 11:00 a.m. the day of the meeting
will be reviewed and distributed before the meeting. All comments received will become part of
the record.
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MEETING CALL TO ORDER
ROLL CALL
APPROVE REMOTE PARTICIPATION (This item is listed on the agenda in the event there is an
emergency circumstance requiring a Council Member to participate remotely under AB 2449
(Government Code 54953)).
PLEDGE OF ALLEGIANCE
PRESENTATIONS
i. Recognize Faith Leaders Saint Vincent de Paul, Saint Luke's Episcopal Church, and the
Los Gatos United Methodist Church.
CLOSED SESSION REPORT
COUNCIL / MANAGER MATTERS
CONSENT ITEMS (Items appearing on the Consent Items are considered routine Town business
and may be approved by one motion. Any member of the Council may request to have an item
removed from the Consent Items for comment and action. Members of the public may provide
input on any or multiple Consent Item(s) when the Mayor asks for public comments on the
Consent Items. If you wish to comment, please follow the Participation Instructions contained on
Page 2 of this agenda. If an item is removed, the Mayor has the sole discretion to determine when
the item will be heard.)
1. Approve the Minutes of the September 12, 2023 Joint Meeting of the Town Council and
Planning Commission Study Session.
2. Approve the Minutes of the September 19, 2023 Town Council Meeting.
3. Approve Modifications to Council Policy 2-11 Commission Appointments, Residency and
Attendance Requirements, and Establishing a Quorum to Accommodate the Exception
to Residency Requirements for the Newly Established Diversity, Equity, and Inclusion
Commission.
VERBAL COMMUNICATIONS (Members of the public are welcome to address the Town Council
on any matter that is not listed on the agenda. To ensure all agenda items are heard and unless
additional time is authorized by the Mayor, this portion of the agenda is limited to 30 minutes
and no more than three (3) minutes per speaker. In the event additional speakers were not able
to be heard during the initial Verbal Communications portion of the agenda, an additional Verbal
Communications will be opened prior to adjournment.)
PUBLIC HEARINGS (Applicants/Appellants and their representatives may be allotted up to a total
of five minutes maximum for opening statements. Members of the public may be allotted up to
three minutes to comment on any public hearing item. Applicants/Appellants and their
representatives may be allotted up to a total of three minutes maximum for closing
statements. Items requested/recommended for continuance are subject to Council’s consent at
the meeting.)
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4. Introduce an Ordinance Titled “An Ordinance of the Town Council of the Town of Los
Gatos Amending Section 18.60.020, “Permits for Retailers of Tobacco Products,” of
Article VI, “Smoking Regulations,” of Chapter 18, “Offenses and Miscellaneous
Provisions,” of the Town Code to Increase Fine Amounts and Amend the Definition of
“Tobacco Products” to Align with the Santa Clara County Ordinance.”
5. Consider a Resolution to Amend the General Plan to Include a Description of the
Housing Element Overlay Zone and Introduce an Ordinance Titled “An Ordinance of the
Town Council of the Town of Los Gatos Amending Chapter 29, “Zoning Regulations,” of
the Town Code to Replace the Affordable Housing Overlay Zone Division 5 of Article VIII,
“Overlay Zones and Historic Preservation,” With 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.
6. 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.
7. Introduce an Ordinance Titled “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 Site 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.” An Environmental Impact Report was Prepared and
Certified for the 2040 General Plan Update on June 30, 2022, which Included the
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Proposed Zoning Code Amendments. No further Environmental Analysis is Required.
Zoning Code Amendment Application Z-23-003. Applicant: Town of Los Gatos.
8. Introduce an Ordinance Titled “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: 15300, 15349, 15367, 15405, 15425, 15480, and 15500 Los
Gatos Boulevard.” An Environmental Impact Report was Prepared and Certified for the
2040 General Plan Update on June 30, 2022, which Included the Proposed Zoning Code
Amendments. No further Environmental Analysis is Required. Zoning Code Amendment
Application Z-23-003. Applicant: Town of Los Gatos.
9. Introduce an Ordinance Titled “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 Site Included in the Sites Inventory Analysis of the 2023-
2031 Housing Element: 101 South Santa Cruz Avenue and Apply the Housing Element
Overlay Zone.” An Environmental Impact Report was Prepared and Certified for the
2040 General Plan Update on June 30, 2022, which Included the Proposed Zoning Code
Amendments. No further Environmental Analysis is Required. Zoning Code Amendment
Application Z-23-003. Applicant: Town of Los Gatos.
OTHER BUSINESS (Up to three minutes may be allotted to each speaker on any of the following
items.)
10. Discuss and Consider Modifications to the Review Process for Exception Requests to the
State Minimum Fire Safe Regulations (Public Resource Code 4290).
11. Rescind Resolution 2023-051 and Adopt a Revised Enabling Resolution for the Diversity,
Equity, and Inclusion Commission to Clarify that All Members are Voting Members and
that Terms will be Staggered.
12. Adopt a Resolution to Deny an Appeal of a Planning Commission Decision to Approve
the Demolition of One Existing Office and Four Residential Buildings, Construction of an
Assisted Living and Memory Care Facility, Variance from the Maximum Height and Lot
Coverage of the Zone, Merger of Four Lots into One, and Removal of Large Protected
Trees on Property Zoned Office. Located at 15860 -15894 Winchester Boulevard and
17484 Shelburne Way. APNs 529-11-013, -038, -039, and -040. Architecture and Site
Application S-21-008, Conditional Use Permit Application U-21-010, Variance Application
V-21-003, Subdivision Application M-22-008, and Mitigated Negative Declaration ND-22-
001. An Initial Study and Mitigated Negative Declaration Have Been Prepared for This
Project. Applicant/Property Owner: Green Valley Corp. d.b.a. Swenson. Appellant: Eric
Hulser. Project Planner: Jennifer Armer.
13. Discuss the Housing Element Work Plan.
ADJOURNMENT (Council policy is to adjourn no later than midnight unless a majority of Council
votes for an extension of time).
Writings related to an item on the Town Council meeting agenda distributed to members of the Council within 72 hours of the
meeting are available for public inspection at the front desk of the Los Gatos Town Library, located at 100 Villa Avenue, and are also
available for review on the official Town of Los Gatos website. Copies of desk items distributed to members of the Council at the
meeting are available for review in the Town Council Chambers.
Note: In accordance with Code of Civil Procedure §1094.6; litigation challenging a quasi-adjudicatory decision of the Town Council
must be brought within 90 days after the decision is final unless a shorter time is required by State or Federal law.