09 Attachment 1 - Draft Ordinance for the Zone Change
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Ordinance Date
DRAFT ORDINANCE 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: 401 THROUGH 409 ALBERTO WAY, 50 LOS GATOS-SARATOGA ROAD, 529-24-001, AND 529-24-003. WHEREAS, the Town of Los Gatos’ Housing Element contains a sites inventory that
identifies sites with the potential for redevelopment with housing; and
WHEREAS, the Town wishes to apply a Housing Element Overlay Zone to the sites
identified in the sites inventory in order to encourage redevelopment with housing; and
WHEREAS, the Planning Commission met on August 23, 2023, to receive public
comments; and
WHEREAS, the Planning Commission received further public comments and
recommended approval of the application of the Housing Element Overlay Zone to the sites
identified in sites inventory of the Housing Element adopted on January 30th and the Revised
Draft Housing Element at its regular meeting of September 13, 2023; and
WHEREAS, the Town Council met on October 3, 2023, to hold a public hearing and
continued the item to November 7, 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 November 7, 2023; and
WHEREAS, November 7, 2023, the Town Council reviewed and commented on the
proposed amendments and the Town Council voted to introduce the Ordinance; and
WHEREAS, the Town Council considered all facts and information related to a request
to change the Zoning for the above mentioned properties as shown in Exhibit A; and
WHEREAS, this matter was regularly noticed in for conformance with State and Town
law and came before the Town Council for public hearing on November 21, 2023.
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos
as follows:
Draft Ordinance: subject to
modification by Town
Council based on
deliberations and direction
ATTACHMENT 1
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Ordinance Date
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 zone changes 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
D. The Town Council considered all facts and information related to the proposal to apply the
Housing Element Overlay Zone to the sites shown in Exhibit A.
SECTION II. Zoning Map of the Town of Los Gatos is hereby amended to the following:
The Housing Element Overlay Zone is hereby applied to the properties at 401 through
409 Alberto Way, 50 Los Gatos-Saratoga Road, APN Nos. 529-24-001, and 529-24-003 as shown
in Exhibit A to this Ordinance.
SECTION III. 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. 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.
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Ordinance Date
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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