20 Staff Report.Apply HEOZ to 101 SSC
PREPARED BY: Jocelyn Shoopman, Associate Planner and
Erin Walters, 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: 11/07/2023 ITEM NO: 20
DATE: November 1, 2023
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Approve a Recommendation of the Planning Commission to 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.”
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.
RECOMMENDATION:
Approve a recommendation of the Planning Commission to 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.”
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
PAGE 2 OF 3 SUBJECT: Apply HEOZ to 101 South Santa Cruz Ave/GP-23-003/Z-23-003 DATE: November 1, 2023
BACKGROUND (continued):
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 May 30, 2023, the Town received HCD’s findings/comment letter on the Revised Draft
Housing Element that was submitted to HCD on March 31, 2023.
The Town resubmitted the Draft Revised 2023-2031 Housing Element to HCD for review and
comment on October 2, 2023. The materials distributed to HCD and additional materials on the
ongoing Housing Element update process can be viewed online at:
https://www.losgatosca.gov/1735/Housing-Element.
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 (see Item 6 of the October 3,
2023, Town Council Agenda).
On September 13, 2023, the Planning Commission heard additional public comments, and
made a recommendation to Town Council for approval (see Item 17 of the November 7, 2023,
Town Council Agenda).
On October 3, 2023, the Town Council continued the item to November 7, 2023, pending a
potential discussion with HCD regarding the adequacy of the Town’s Sites Inventory. Staff has a
meeting scheduled with the Town’s HCD reviewer on November 7, 2023, and will provide a
verbal update on the results of the meeting at the November 7, 2023, Town Council meeting.
DISCUSSION:
As described in more depth in the staff report materials for Item 17 of the November 7, 2023,
Town Council Agenda, this item is introduction of an ordinance to apply the Housing Element
Overlay Zone to 101 South Santa Cruz Avenue.
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
PAGE 3 OF 3 SUBJECT: Apply HEOZ to 101 South Santa Cruz Ave/GP-23-003/Z-23-003 DATE: November 1, 2023
PUBLIC COMMENTS (continued):
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 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);
2. Make the required finding that the proposed zone change is 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 1); and
3. Introduce an ordinance of the Town Council of the Town of Los Gatos for Zone Change
application Z-23-003 (Attachment 1).
ALTERNATIVES:
Alternatively, the Town Council may:
1. Continue this item to a date certain with specific direction to staff;
2. Refer this item back to the Planning Commission with specific direction; or
3. Take no action, leaving the General Plan and zoning designations unchanged.
Attachment:
1. Draft Ordinance with Exhibit A
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