16 Attachment 2 - Draft Ordinance for the Zoning Amendment with Exhibit A
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Ordinance Date
DRAFT ORDINANCE
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” ZONING CODE AMENDMENT APPLICATION Z-23-002 PROPERTY LOCATION: TOWN WIDE APPLICANT: TOWN OF LOS GATOS
WHEREAS, the Town of Los Gatos 2023-2031 Housing Element identifies amending the
Town Code to create the Housing Element Overlay Zone as a strategy to accommodate the
Town’s Regional Housing Needs Allocation (RHNA); and
WHEREAS, the Planning Commission at its meeting on August 23, 2023, reviewed the
proposed Town Code amendments , held a public hearing, and forwarded a recommendation of
approval to the Town Council; and
WHEREAS, the Town Council at its meeting on October 3, 2023, reviewed the proposed
Town Code amendment, held a public hearing, and adopted the ordinance to amend the Town
Code to modify the Affordable Housing Overlay Zone to be the Housing Element Overlay Zone;
and
WHEREAS, because the project description in the public hearing notice did not include
the Planning Commission’s recommendation, the item has been re-noticed for the Town
Council’s consideration; and
WHEREAS, this matter was regularly noticed in conformance with State and Town law
and came before the Town Council for public hearing on November 7, 2023; and
WHEREAS, the Town Council accepted the report of the Planning Commission’s
recommendation of approval for the proposed Town Code amendment and held a public
hearing; and
WHEREAS, the Town Council considered all facts and information related to a request
to amend the Town Code as shown on Exhibit A.
Draft Ordinance: subject to
modification by Town Council based
on deliberations and direction.
ATTACHMENT 2
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Ordinance Date
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I. FINDINGS
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 Zoning Code amendments; and
B. The Town Code Amendments are consistent with the General Plan and its elements in that
the 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
SECTION II. AMENDMENTS
Chapter 29, Article VIII., Division 5 of the Town Code is hereby amended to read as follows:
ARTICLE VIII. OVERLAY ZONES AND HISTORIC PRESERVATION
…
DIVISION 5. HOUSING ELEMENT OVERLAY ZONE
Sec. 29.80.505. 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 key housing opportunities. The designation of these sites will
assist the Town in meeting its Regional Housing Needs Allocation (RHNA), as required by the
State.
Sec. 29.80.510. HEOZ and underlying zoning.
A property that has the HEOZ designation may be developed with a residential or mixed-
use project with a residential use occupying more than 50 percent of the total floor area based
on the standards provided in this division or, where standards are not specified, then based on
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Ordinance Date
the standards provided in the underlying zone. The underlying zoning development standards
will remain in effect for all other development without a residential component.
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. 29.80.515. HEOZ general development standards.
A proposed residential project, including a mixed-use project with a residential use
occupying more than 50 percent of the total floor area 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).
Regardless of the underlying zoning designation, no residential project or mixed-use project
with a residential use occupying more than 50 percent of the total floor area may be developed
that does not meet the applicable HEOZ 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
30-40
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
SECTION III. CEQA.
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Ordinance Date
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.
SECTION IV. Publication.
In accordance with Section 63937 of the Government Code of the State of California,
this Ordinance takes effect 30 days from the date of its passage. The Town Clerk shall cause
this ordinance or a summary thereof to be published in accordance with Section 36933 of the
California Government Code.
SECTION V. Effective Date.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on the 7th day of November 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, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
ATTEST:
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Ordinance Date
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
Chapter 29 - ZONING REGULATIONS
ARTICLE VIII. - OVERLAY ZONES AND HISTORIC PRESERVATION
DIVISION 5. HOUSING ELEMENT OVERLAY ZONE
DIVISION 5. HOUSING ELEMENT OVERLAY ZONE
Sec. 29.80.505. 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 key housing opportunities. The designation of these sites will
assist the Town in meeting its Regional Housing Needs Allocation (RHNA), as required by the State.
Sec. 29.80.510. HEOZ and underlying zoning.
A property that has the HEOZ designation may be developed with a residential or mixed-use project with a
residential use occupying more than 50 percent of the total floor area based on the standards provided in this division or, where standards are not specified, then based on the standards provided in the underlying zone. The
underlying zoning development standards will remain in effect for all other development without a residential
component.
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. 29.80.515. HEOZ general development standards.
A proposed residential project, including a mixed-use project with a residential use occupying more than 50
percent of the total floor area 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). Regardless of the underlying zoning designation, no residential project or mixed-
use project with a residential use occupying more than 50 percent of the total floor area may be developed that does
not meet the applicable HEOZ 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
Page 1 of 2 EXHIBIT A
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
30-40
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
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