Staff Report with Exhibits 1 though 7.15810 LGB
PREPARED BY: Jocelyn Shoopman
Associate Planner
Reviewed by: Planning Manager, Community Development Director, and Town Attorney
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 07/12/2023
ITEM NO: 1
DATE: July 7, 2023
TO: Planning Commission
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider a Request for Approval of a Zone Change from R-1:8 Prezone
(Single-Family Residential, Minimum Lot Size of 8,000 square feet) to CH
(Restricted Commercial Highway) and a General Plan Amendment to Change
the Land Use Designation from Low Density Residential to Mixed Use
Commercial for Property Located at 15810 Los Gatos Boulevard. APN: 523-
01-001. 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 Amendment for the Property Located at 15810 Los
Gatos Boulevard. No Further Environmental Analysis is Required. Zone
Change Application Z-23-001 and General Plan Amendment Application GP-
23-001. PROPERTY OWNER/APPLICANT: Jesus Ching and Kathleen Ban.
PROJECT PLANNER: Jocelyn Shoopman.
RECOMMENDATION:
Approval.
PROJECT DATA:
General Plan Designation: Low Density Residential
Zoning Designation: R-1:8 Prezone (Single-Family Residential, minimum lot size of
8,000 square feet)
Applicable Plans & Standards: General Plan
Parcel Size: 10,800 square feet
PAGE 2 OF 6
SUBJECT: 15810 Los Gatos Boulevard/Z-23-001/GP-23-001
DATE: July 7, 2023
PROJECT DATA (continued):
Surrounding Area:
CEQA:
An EIR was prepared and certified for the 2040 General Plan Update on June 30, 2022, which
included the proposed General Plan amendment for the property located at 15810 Los Gatos
Boulevard. No further environmental analysis is required.
FINDINGS:
▪ An EIR was prepared and certified for the 2040 General Plan Update on June 30, 2022,
which included the proposed General Plan amendment for the property located at 15810
Los Gatos Boulevard. No further environmental analysis is required.
▪ That the General Plan amendment is internally consistent with the existing goals and
policies of the General Plan and its elements, in that the proposal is consistent with the
pattern of development and that the land use will support and enhance the character of the
Town.
▪ That the proposed Zone Change is consistent with the General Plan and its elements in that
the proposed zoning is consistent with the proposed General Plan land use designation.
BACKGROUND:
The subject parcel is located at the southeast corner of Los Gatos Boulevard and Farley Road
with driveway access off of both streets (Exhibit 1). The adjoining residential properties to the
south along Los Gatos Boulevard have access off of Oleander Avenue and the adjoining
residential property to the east has access off of Farley Road. The property is currently located
in an unincorporated area of Santa Clara County. Under Santa Clara County development
regulations, the parcel has a zoning of OA (Administrative, Professional Office) and a General
Plan land use designation of Urban Service Area Los Gatos. Concurrently with the Zone Change
and General Plan Amendment application, the property owner has submitted an Annexation
application that is currently under review by the Town and County of Santa Clara Offices of the
Assessor and Surveyor and is anticipated to be considered by Town Council once that review is
complete.
The subject parcel is bound by parcels with a Low Density Residential General Plan land use
Existing Land Use General Plan Zoning
North Commercial Mixed Use Commercial CH
South Residential Low Density Residential R-1:8 Prezone
East Residential Low Density Residential R-1:8 Prezone
West Commercial Mixed Use Commercial CH
PAGE 3 OF 6
SUBJECT: 15810 Los Gatos Boulevard/Z-23-001/GP-23-001
DATE: July 7, 2023
BACKGROUND (continued):
designation to the east and south (Exhibit 1). The parcels to the north and west have a Mixed
Use Commercial General Plan land use designation.
The applicant is requesting approval of a zone change from R-1:8 Prezone to CH (Exhibit 3) and a
General Plan amendment to change the land use designation from Low Density Residential to
Mixed Use Commercial (Exhibit 4). At this time, no modifications to the building or existing
dentist office use are proposed.
On June 30, 2022, the Town Council approved the 2040 General Plan, which included modifying
the land use designation of the property located at 15810 Los Gatos Boulevard from Low
Density Residential to Mixed Use Commercial. On August 16, 2022, signatures were submitted
to the Town in support of a referendum on the Land Use and Community Design Elements of
the approved 2040 General Plan. Once the referendum signatures were verified by the County
Registrar in late September, the 2040 General Plan Land Use and Community Design Elements
were suspended in accordance with Elections Code Section 9237.
On October 4, 2022, Town Council approved a Resolution to confirm suspension of the 2040
General Plan Land Use and Community Design Elements and provide that the 2020 General
Plan Land Use and Community Design Elements govern during the suspension period. The land
use designation of this property, based on the 2020 Land Use Element, is therefore returned to
Low Density Residential for the period of that suspension.
DISCUSSION:
A. General Plan Committee
At its May 10, 2023, meeting, the General Plan Committee (GPC) reviewed the application
and recommended approval of the General Plan amendment to the Planning Commission
and Town Council.
B. General Plan Land Use Designation
The applicant is proposing a General Plan amendment to change the Land Use designation
from Low Density Residential to Mixed Use Commercial.
The Low Density Residential land use designation (0-5 dwelling units per acre) provides for
single-family residential properties located on generally level terrain. It encourages single-
family residential development in either the standard development established by
traditional zoning or by innovative forms obtained through a planned development.
PAGE 4 OF 6
SUBJECT: 15810 Los Gatos Boulevard/Z-23-001/GP-23-001
DATE: July 7, 2023
DISCUSSION (continued):
The Mixed Use Commercial Land Use designation provides for the following:
• A mixture of retail, office, and residential in a mixed-use project, along with lodging,
service, auto-related businesses, non-manufacturing industrial uses, recreational uses,
and restaurants;
• Projects developed under this designation shall maintain the small town, residential
scale and natural environments of adjacent residential neighborhoods, as well as
provide prime orientation to arterial street frontages and proper transitions and buffers
to adjacent residential properties; and
• This designation should never be interpreted to allow development of independent
commercial facilities with principal frontage on the side streets.
The subject parcel is bound by parcels with a Low Density Residential General Plan land use
designation to the east and south (Exhibit 1). The parcels to the north and west have a
Mixed Use Commercial General Plan land use designation.
C. Zoning
The applicant is proposing a zone change from R-1:8 Prezone to CH. The proposed zoning
would be consistent with the General Plan land use designation if the proposed General Plan
amendment is approved. Permitted uses in the CH zone are activities which do not
unreasonably interfere with nearby residential uses and which are in the following
categories:
1. Retailing, including formula retail up to six thousand (6,000) square feet;
2. Personal service businesses and service businesses necessary for the conduct of
households;
3. Office activities;
4. Limited manufacturing activities when a majority of sales are made on site to the
ultimate consumer; and
5. Group classes.
The present use of the subject property is a dentist office. Under the current regulations,
the non-conforming use would be permitted to continue; however, the non-conforming use
would be limited in that any modification, such as an increase in the proposed floor area,
increase in the required parking, or increase in the number of hours of operation would be
considered an intensification of the use which would require approval of a Conditional Use
Permit. A proposal to demolish and construct a new commercial building under the same
PAGE 5 OF 6
SUBJECT: 15810 Los Gatos Boulevard/Z-23-001/GP-23-001
DATE: July 7, 2023
DISCUSSION (continued):
proposed use of a dentist’s office would not be permitted on a residentially zoned parcel. At
this time, no modifications to the building or use are proposed by the applicant (Exhibit 5).
PUBLIC COMMENTS:
At the time of this report’s preparation, the Town has not received any public comment.
CONCLUSION:
A. Summary
The applicant is requesting approval for a Zone Change from R-1:8 Prezone to CH and a
General Plan Amendment to Change the land use designation from Low Density Residential
to Mixed Use Commercial. The proposed General Plan amendment and Zone Change would
be consistent with the existing adjacent pattern of land uses and zones (Exhibit 1).
B. Recommendation
Based on the analysis above, staff recommends that the Planning Commission consider the
existing and proposed General Plan Land Use designations and zoning and forward a
recommendation for approval of the amendments to the Town Council. If the Planning
Commission finds merit with the proposed amendments, it should:
1. Make the finding that no further environmental analysis is required (Exhibit 2);
2. Make the required finding that the General Plan amendment is internally consistent
with the existing goals and policies of the General Plan and its elements, in that the
proposal is consistent with the pattern of development and that the land use will
support and enhance the character of the Town (Exhibit 2);
3. Make the required finding that the proposed zone change is consistent with the General
Plan and its elements in that the proposed zoning is consistent with the proposed
General Plan land use designation (Exhibit 2); and
4. Forward a recommendation of approval of General Plan Amendment Application
GP-23-001 and Zone Change Application Z-23-001 to the Town Council.
C. Alternatives
Alternatively, the Planning Commission can:
1. Continue the matter to a date certain with specific direction;
2. Provide a recommendation for denial to the Town Council providing findings for denial.
PAGE 6 OF 6
SUBJECT: 15810 Los Gatos Boulevard/Z-23-001/GP-23-001
DATE: July 7, 2023
EXHIBITS:
1. Location Maps (Showing Existing General Plan Land Use Designations and Zoning)
2. Draft Findings
3. Draft Ordinance for the Zone Change, with Exhibit A
4. Draft Resolution for the General Plan Amendment, with Exhibit A
5. Letter from the Applicant
6. Property Aerial and Photos
7. Property Survey
Low Density Residential
Low Density Residential
Low Density Residential
Mixed Use Commercial
Low Density Residential
Mixed Use Commercial
Low Density Residential
Low Density Residential
Mixed Use Commercial
Mixed Use Commercial
Low Density Residential
Mixed Use Commercial
FARLEY RD
CAMELLIA TELOS GATOS BLFRA
N
K
A
V
OLEANDER AV
LER
O
Y
A
V
15810 Los Gatos Boulevard
Existing General Plan Land Use Designation
EXHIBIT 1
R-1:8 Prezone
CH
C-1
O
FARLEY RD
CAMELLIA TELOS GATOS BLFRA
N
K
A
V
OLEANDER AV
LER
O
Y
A
V
LILAC WYAUGUSTINE AV15810 Los Gatos Boulevard
Existing Zoning
PLANNING COMMISSION – July 12, 2023
REQUIRED FINDINGS
15810 Los Gatos Boulevard
General Plan Amendment Application GP-23-001
Zone Change Application Z-23-001
Consider a Request for Approval of a Zone Change from R-1:8 Prezone (Single-Family
Residential, Minimum Lot Size of 8,000 square feet) to CH (Restricted Commercial
Highway) and a General Plan Amendment to Change the Land Use Designation from
Low Density Residential to Mixed Use Commercial for Property Located at 15810 Los
Gatos Boulevard. APN: 523-01-001. 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 Amendment for the Property Located at 15810
Los Gatos Boulevard. No Further Environmental Analysis is Required. Zone Change
Application Z-23-001 and General Plan Amendment Application GP-23-001. Property
Owner/Applicant: Jesus Ching and Kathleen Ban.
FINDINGS:
Required finding for CEQA:
An EIR was prepared and certified for the 2040 General Plan Update on June 30, 2022, which
included the proposed Zoning and General Plan Amendment for the property located at
15810 Los Gatos Boulevard. No further environmental analysis is required.
Required consistency with the Town’s General Plan:
That the General Plan amendment is internally consistent with the existing goals and
policies of the General Plan and its elements, in that the proposal is consistent with the
pattern of development and that the land use will support and enhance the character of the
Town.
That the proposed Zone Change is consistent with the General Plan and its elements in that
the proposed zoning is consistent with the proposed General Plan land use designation.
N:\DEV\FINDINGS\2023\LGB 15810 - Findings - PC 07-12-23.docx EXHIBIT 2
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Ordinance Council Meeting Date
DRAFT ORDINANCE
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AMENDING THE ZONING CODE FROM R-1:8 PREZONE (SINGLE-FAMILY
RESIDENTIAL, MINIMUM LOT SIZE OF 8,000 SQUARE FEET)
TO CH (RESTRICTED COMMERCIAL HIGHWAY) FOR
PROPERTY LOCATED AT 15810 LOS GATOS BOULEVARD.
NOW, THEREFORE, THE PEOPLE OF THE TOWN OF LOS GATOS AND THE TOWN
COUNCIL DO HEREBY ORDAIN AS FOLLOWS:
SECTION I
The Zoning map of the Town of Los Gatos is hereby amended to change the zoning of the
property at 15810 Los Gatos Boulevard (Santa Clara County Assessor Parcel Number 523-01-
001) as shown on the map attached hereto as Exhibit A, and is part of this Ordinance, from
R-1:8 Prezone (Single-Family Residential, Minimum Lot Size of 8,000 square feet) to CH
(Restricted Commercial Highway).
SECTION II
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on the ___ day of _____ 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 takes effect 30 days after it is adopted. In lieu of
publication of the full text of the ordinance within fifteen (15) days after its passage a summary
of the ordinance may be published at least five (5) days prior to and fifteen (15) days after
adoption by the Town Council and a certified copy shall be posted in the office of the Town
Clerk, pursuant to GC 36933(c)(1).
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
EXHIBIT 3
2 of 2
Ordinance Council Meeting Date
DATE: __________________
ATTEST:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
OLEANDE
R
A
VBLOSSOM LNAUGUSTINE AVCAMELLIA TERLOS GATOS BLVDFR
A
N
K
A
V APPLE B L O SS O M L N
LILAC WYCAMELLIATER
TOWN OF LOS GATOS
Application No.
Change of zoning map amending the Town Zoning Ordinance.
Zone Change
Prezoning
From: R-1:8 Prezone To: CH
Z-23-001 A.P.N. #523-01-001
Forwarded by Planning Commission
Approved by Town Council
Clerk Administrator
Date:
Mayor
Date:
Ord:
§
15810 Los Gatos Boulevard
EXHIBIT A
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Resolution 23 - July 12, 2023
RESOLUTION 2023-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS AMENDING THE
GENERAL PLAN LAND USE DESIGNATION FROM
LOW DENSITY RESIDENTIAL TO MIXED USE COMMERCIAL
FOR PROPERTY LOCATED AT 15810 LOS GATOS BOULEVARD.
WHEREAS, the applicant requests approval to change the General Plan land use
designation from Low Density Residential to Mixed Use Commercial on property located at
15810 Los Gatos Boulevard (Santa Clara County Assessor Parcel Number 523-01-001); and
WHEREAS, the General Plan Committee at its meeting of May 10, 2023, recommended
that the General Plan land use designation be changed from Low Density Residential to Mixed
Use Commercial as that designation is consistent with the land use designations of neighboring
properties and consistent with the proposed use of the property; and
WHEREAS, the Planning Commission recommended approval of the General Plan
amendment at its regularly noticed public hearing on ______________, 2023; and
WHEREAS, this matter was regularly noticed in conformance with State and Town law
and came before the Town Council for public hearing on ______________, 2023; and
WHEREAS, the Town Council accepted the report of the Planning Commission’s
recommendation of approval for the proposed General Plan amendment; and
WHEREAS, the Town Council finds as follows:
A. 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
for the property located at 15810 Los Gatos Boulevard. No further environmental analysis is
required; and
B. The General Plan amendment is internally consistent with the existing goals and
policies of the General Plan and its elements, in that the proposal is consistent with the pattern
of development and that the land use will support and enhance the character of the Town; and
C. That all proceedings have been conducted in compliance with the provisions of
Government Code Section 65350 et seq.; and
Draft Resolution to
be modified by Town
Council deliberations
and direction.
EXHIBIT 4
2 of 3
Resolution 23 - July 12, 2023
WHEREAS, the Town Council considered all facts and information related to a request to
change the General Plan land use designation for the property at 15810 Los Gatos Boulevard
from Low Density Residential to Mixed Use Commercial as shown on Exhibit A
NOW, THEREFORE, BE IT RESOLVED, that the Town Council hereby changes the General
Plan land use designation for property at 15810 Los Gatos Boulevard as shown on Exhibit A,
from Low Density Residential to Mixed Use Commercial.
3 of 3
Resolution 23 - July 12, 2023
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the ___th 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:
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: __________________
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OLEANDE
R
A
VBLOSSOM LNAUGUSTINE AVCAMELLIA TERLOS GATOS BLVDFR
A
N
K
A
V APPLE B L O SS O M L N
LILAC WYCAMELLIATER
TOWN OF LOS GATOS
Application No.
Change of the general plan map amending the Town General PlanFrom: Low Density ResidentialTo: Mixed Use Commercial
GP-23-001 A.P.N. #523-01-001
Forwarded by Planning Commission
Approved by Town Council
Clerk Administrator
Date:
Mayor
Date:
Resolution:
15810 Los Gatos Bouelvard
§
EXHIBIT A
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