Ord 2347 - 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"ORDINANCE 2347
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
VIll, "OVERLAY ZONES AND HISTORIC PRESERVATION," WITH THE HOUSING
ELEMENT OVERLAY ZONE AS DIVISION 5 OF ARTICLE Vlll, "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 was re -noticed for the Town Council's
consideration; and
WHEREAS, November 7, 2023, 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 in Exhibit A and voted to introduce the Ordinance; 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 21, 2023.
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Ordinance 2347 November 21, 2023
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos
as follows:
SECTION I. CEQA.
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. Chapter 29, Article Vill., Division 5 of the Town Code is hereby amended to read as
follows:
ARTICLE Vill. 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 2347 November 21, 2023
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
Zoning
Minimum Yards
Maximum
Maximum
Maximum
Density
Land Use
Lot
Floor Area
Height
Units Per Acre
Designation
Coverage
Ratio (FAR)
Limit (ft)
Low Density
R-1
As authorized by
50%
N/A
30 feet
0-5
Residential
Section 29.40.405
Medium Density
R-1D, R-D,
As authorized by
75%
N/A
35 feet
14-22 or 5-12
Residential
and R-M
Section 29.40.405,
in Very High
29.40.530, and
Fire Hazard
29.40.645
1 Severity Zones
High Density
R-M
As authorized by
75%
N/A
45 feet
30-40
Residential
Section 29.40.645
Mixed -Use
CH
As authorized by
N/A
3.0
45 feet
30-40
Section 29.60.435
Neighborhood
C-1
As authorized by
N/A
1.0
35 feet
10-20
Commercial
Section 29.60.225
Central Business
C-2
As authorized by
N/A
2.0
45 feet
20-30
District
Section 29.60.335
North Forty
NF-SP
As defined in
As defined
As defined
As defined
30-40
Specific Plan
Specific Plan
in Specific
in Specific
in Specific
Plan
Plan
Plan
Office
0
As authorized by
N/A
1.0
35 feet
10-20
Professional
Section 29.60.100
Service
LM
As authorized by
N/A
1.0
35 feet
none
Commercial
Section 29.70.125
Light Industrial
CM
As authorized by
N/A
1.0
35 feet
none
Section 29.70.235
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Ordinance 2347 November 21, 2023
SECTION III. Effective Date.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on the 71" 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 2111 day of November, 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:
Matthew Hudes, Rob Moore, Rob Rennie, Mayor Maria Ristow
NAYS:
None
ABSENT:
None
ABSTAIN:
Mary Badame
SIGNEA
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: It -Z 2 - 2S
ATTEST:
TON1N CLEW, OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: It qa 1 a2s
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Ordinance 2347 November 21, 2023
Chapter 29 -ZONING REGULATIONS
ARTICLE Vill. -OVERLAY ZONES AND HISTORIC PRESERVATION
DIVISION S. 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
Zoning
Minimum Yards
Maximum
Maximum
Maximum
Density
Land Use
Lot
Floor Area
Height
Units Per Acre
Designation
Coverage
Ratio (FAR)
Limit (ft)
Low Density
R-1
As authorized by
50%
N/A
30 feet
0-5
Residential
Section 29.40.405
Medium Density
R-ID, R-D,
As authorized by
75%
N/A
35 feet
14-22 or 5-12
Residential
and R-M
Section 29.40.405,
in Very High
29.40.530, and
Fire Hazard
29.40.645
Severity Zones
High Density
R-M
As authorized by
75%
N/A
45 feet
30-40
Residential
Section 29.40.645
Mixed -Use
CH
As authorized by
N/A
3.0
45 feet
30-40
Section 29.60.435
Neighborhood
C-1
As authorized by
N/A
1.0
35 feet
10-20
Commercial
Section 29.60.225
Page 1 of 2
EXHIBIT A
Central Business
C-2
As authorized by
N/A
2.0
45 feet
20-30
District
Section 29.60.335
North Forty
NF-SP
As defined in
As defined
As defined
As defined
30-40
Specific Plan
Specific Plan
in Specific
in Specific
in Specific
Plan
Plan
Plan
Office
0
As authorized by
N/A
1.0
35 feet
10-20
Professional
Section 29.60.100
Service
LM
As authorized by
N/A
1.0
35 feet
none
Commercial
Section 29.70.125
Light Industrial
CM
As authorized by
N/A
1.0
35 feet
none
Section 29.70.235
Page 2 of 2